13o3 Nl Vf-X M'; teX Sh. iM ■ f ffl) A 7 V'h'z (RnuW ^mnx%\\i | IWXMl THE GIFT OF UcXAJ^.>*^JU^^<^^. Ni^'»,Sl3- ay be approved by the superintendent of buildings. All light shafts whether exterior or interior, hereafter erected shall be carried up not less than three and one-half feet above the level of the roof." a892) — Chapter 275, Section 16. (Amends Section 480, Consol. Act). In every building hereafter erected all the walls or partitions form- ing interior light or vent shafts shall be built of brick or such other fireproof materials as may be approved by the superintendent of build- ings. The walls of all light or vent shafts whether exterior or interior, hereafter erected, shall be carried up not less than three and one-half feet above the level of the roof. (1894) — Brooklyn — Chapter 481, Section 11. (Amends Chapter 583 of the Laws of 1888). " In every building more than three stories in height hereafter erected, all the walls or partitions forming interior light or vent shafts, shall be built of brick or such other fireproof materials as may be approved by the Commissioner of Buildings.'' *(1899) — The Building Code — (An ordinance adopted December 80, 1899). Section 48. " In every building hereafter erected or altered, all the walls or partitions forming interior light or vent shafts shall be built of brick, or such other fireproof materials as may be approved by the Com- missioner of Buildings having jurisdiction. The walls of all light or vent shafts, whether exterior or interior, hereafter erected, shall be carried up not less than 3 feet above the level of the roof, and the brick walls coped as other parapet walls." BEAMS, FIEST TIER TO BE FIREPROOF.— As early as 1871 there were laws requiring the beams over the cellar floor or lowest story to be fireproof, it being recognized that a large number of tenement-house fires originated in the cellars, which were usually filled with inflammable materials, coal and wood bins, &c. The law of 1871 provided that in all buildings * Indicates the existing law. 48 thereafter erected more than three stories high and arranged for as many as three famihes and not more than six famiUes above the first story, where the cellar was to be used for storing coal or wood or other articles, the first floor over the cellar was to be constructed fireproof. This excellent pro- vision was repealed in 1874 and was not re-enacted until 1892, when the general building laws were amended. The law of that year required that in every new tenement-house fi\-e stories high, arranged for one or more families, on any floor above the first, the floor over the cellar or lowest story should be constructed fireproof. This law was re-enacted in the Build- ing Code and is the present law \ipon the subject. (1871) — Chapter 625, Section 28. " In any building hereafter erected more than three stories in height, occupied by or built to be occupied by three and not more than six families above the first story, in which the cellar is to be used for the purpose of storing coal, wood, or other articles, the floor above the cellar, with the stairs leading thereto, if the stairs lead from the inside of the building, shall be constructed fireproof." (1874) — Chapter 547, Section 7. — Repealed. (1892) — Chapter 275, Section 16. (Section 480, Consol. Act, amended as follows) : " Every building hereafter erected or altered to be occupied as a lodging-house, and every tenement-house, apartment-house and dwell- ing-house five stories in height, or having a basement and four stories in height above the cellar, hereafter erected or altered to be occupied by one or more families on any floor above the first, shall have the first floor above the cellar or lowest story constructed fireproof with iron or steel beams and brick arches." *(1899) — The Building Code — (An ordinance adopted December 20, 1899). Section 53. " Every non-fireproof building hereafter erected or altered for an apartment or tenement-house, five stories in height, or having a base- ment and four stories in height above a cellar, to be occupied by one or more families on any floor above the first shall have the first floor above the cellar or lowest story constructed fireproof in such manner as required in section 106 of this code." * Indicates the existing law. 49 BEAMS, SECOND TIER TO BE FIREPROOF.— So many tene- ment-house fires originate in stores upon the ground floor of such buildings that it is of great importance that the beams over the store floor and the flooring between them^ should be of fireproof material. This was recognized as far back as 1867, the building laws of that year requiring that in all dwelling- houses intended to be occupied by four families or more, thereafter erected, where the lower part of the building was to be used for business purposes of any kind, the first tier of beams above the store floor should be of iron with brick arches. In the following year the law was changed but this provision was practically re-enacted. In 1871, the building law was again amended, requiring that in all buildings thereafter erected more than 3 stories high, and occupied by three families and not more than six families, where the first story was used for business purposes of any kind, the first floor and the ceil- ing above the store floor should be constructed fireproof. This important provision was, in 1874, repealed and was not re-enacted until 1899. The Building Code, adopted in that year, provided that wherever there was a store on the first floor in a new tenement-house or any tenement-house thereafter altered where the building was over five stories high, the second tier of beams, as well as the first tier of beams, should be en- tirely fireproof. (1867) — Chapter 939, Section 10. " In al.1 dwelling-houses intended to be occupied by four families or more, that shall hereafter be erected in said city, in cases where the lower part of the building is used for business purposes of any kind, the first tier of beams above the store floor shall be of iron, with brick arches." (1868) Chapter 634, Section 2. (Amends Section 10, Chapter 939, of the Laws of 1867). " In all cases (in all dwelling-houses now erected, occupied by or built to contain two or more families on any of the floors above the first story, and all dwelling-houses now erected, more than three stories in height, occupied by or built to contain four or more fami- lies) where the lower part of the building is used for business purposes of any kind, the first floor and ceiling above the store floor shall be constructed fireproof." 4 50 (1871) — Chapter 625, Section 28. " And where the lower part of any building hereafter erected more than three stories in height occupied by, or built to be occupied by three and not more than six families above the first story, is to be used for business purposes of any kind, the first floor, if there is a cellar below, and the ceiling above the store floor, shall be constructed fireproof." (1874) — Chapter 547, Section 7. — Repealed. *(1899) — The Building Code — (An ordinance adopted December 20, 1899). Section 53. " When any such non-fireproof building (hereafter erected or altered for an apartment-house or tenement-house) exceeding five stories in height or having a basement and five stories in height above a cellar has a store on the first story, the entire second story floor shall also be constructed fireproof." CELLAR STAIRS. — The first provision of any kind relating to this subject was enacted in 1871, when it was provided that in any building thereafter erected over three stories in height and arranged for more than three and not more than six families, where the cellar was to be used for the purpose of storing coal or wood or other articles, the stairs leading to the upper story, if they were inside of the building, should be constructed fireproof. This important and necessary pro- vision of law was, unfortunately, repealed in 1874 and no further legislation was had upon this subject until 1892. In that year the general building laws were amended so that every new tenement-house five stories or more in height, or having a basement and four stories above a cellar, arranged for one or more families on any floor above the first, should have the cellar stairs leading to the floor above, if they were on the in- side of the building, located to the rear of the staircase leading from the first story to the upper stories, and entirely enclosed in brick walls and furnished with self-closing fireproof doors at the top and bottom of such flight of stairs,^ thus endeavoring to do away with making the stairs a continuous flue from cel- lar to roof, so that if a fire should start in the ceflar it would not so quickly communicate to the other parts of the house- It was provided also that no closet should be constructed under- 51 neath the first story staircase, and that the space under ii should be left entirely open and kept free from encumbrances: this provision of law was deemed necessary because so many fires had started from janitors keeping oily, greasy rags in little closets of this kind located under the stairs, and the result has been that, under such circumstances, the fire has spread through the entire building before there was time to check it. This provision of the laws of 1892 was re-enacted in the amendment to the tenement-house laws in 1895. The Charter, however, made a very decided change in this provision, repealing the requirement that the cellar stairs should be lo- cated to the rear of the staircase leading from the first stoi-y to the upper stories, and the Building Code, adopted in 1899, continued the change of the Charter, stating that the cellar stairs should be located, ivlicn practicable, to the rear of the staircase leading from the first story to the upper stories. The other provisions, however, of the law of 1892, with the excep- tion of forbidding the construction of a closet under the stairs, were re-enacted in the Code. (1871) — Chapter 625, Section 28. In any building hereafter erected more than three stories in height, occupied by, or built to be occupied by three and not more than six families above the first story, in which the cellar is to be used for the purpose of storing coal, wood or other articles, the floor above the cellar, with the stairs leading thereto, if the stairs lead from the inside of the building, shall be constructed fireproof." (1874) — Chapter 547, Section 7. — Repealed. (1892) — Chapter 275, Section 16. (Section 480, Consol. Act, amended as follows): " In every tenement-house, apartment-house and dwelling-house five stories in height, or having a basement and four stories in height above the cellar, hereafter erected or altered to be occupied by one or more families on any floor above the first, the stairs from the cellar or lowest story to the fireproof floor next above, when placed within any such building, shall be located to the rear of the stair- case leading from the first story to the upper stories and be enclosed with brick walls. The opening through the brick wall of such en- closure into the lowest story shall have an iron door, or a tin cojyered wooden door (constructed as hereinafter described in Section 491 of this title) and shall be self-closing. When the stairs from the first 52 story to the cellar or lowest story are located in an open side court the door opening leading thereto from the first story may be placed underneath the staircase in the first story, and the strings and rail- ings of such outside stairs shall be of iron, and if the stairs be enclosed from the weather incombustible material only shall be used for that purpose. No closet shall be constructed underneath the first story staircase but the space thereunder shall be left entirely open and kept free from encumbrance. Every tenement-house, apartment-house and dwelling-house exceeding 5 stories in height, or having a basement and 5 stories in height above the cellar shall be constructed as in this section before described." (1895) — Chapter 567, Section 8. (Amends Section 661, Consol. Act). " In all tenement-houses hereafter constructed or buildings liere- after converted to the purposes of a tenement-house, the stairway communicating between said cellar or basement and the floor next above when placed within any such building [shall he located to the rear of the staircase leading from the first story to the upper stories and] be inclosed with brick walls, and such stairway shall be provided with fireproof doors at the top and bottom of said flight of stairs.'' *(1897) — Chapter 378, Greater New York Charter, Section 1318. (Provisions of the laws of 1895 continued with the following- amendment) : The words in brackets " shall be located to the rear of the staircase leading from the first story to the upper stories and," omitted. *(1899) — The Building Code — (An ordinance adopted December 20, 1899). Section 53. " The stairs from the cellar or lowest story to the fireproof floor next above, when placed within any such building, shall be located, 'U'lioi practicable, to the rear of the staircase leading from the first story to the upper stories and be enclosed with brick or stone walls, and such stairway shall be provided with self-closing fireproof doors at the top and bottom of said flight of stairs. When such stairway is placed underneath the first story staircase, it shall be constructed fireproof and be roofed over with fireproof material, and be also enclosed with brick walls, with self-closing fireproof doors at the top and bottom of said flight of stairs. When the stairs from the first story to the cellar or lowest story are located in an open side court the door leading thereto from the first story may be placed under- neath the staircase in the first story, and the strings and railings of such outside stairs shall be of iron, and if the stairs be enclosed from the weather incombustible material only shall be used for that pur- pose. No closet shall be constructed underneath the first story stair- case, but the space thereunder shall be left entirely open and kept free from incumbrance, but this shall not prohibit the enclosing with- * Indicates the existing law. 53 out openings the under portions of the staircase from the foot of the same to a point where the height from the floor line to the soffit of the staircase shall not exceed five feet.'' CELLAR ENTRANCE. — In 1887^ a law was passed requiring that in every dwelling-house arranged for two or more families above the first story there should be a separate entrance to the cellar from the outside of the building. This provision was enacted so as to enable the firemen to have access to cellars to fight cellar fires. This has practically been the law until the present time with the exception of the fact that in 1892 the law was made to apply to basements instead of cellars. (1887) — Chapter 566, Section 26. (Amends Section 499, Consol. Act). " Every dwelling-house arranged for or occupied by 2 or more families above the first story, hereafter erected, (July Sth, 1887) shall be provided with an entrance to the cellar thereof from the outside of such building.'' (1892) — Chapter 275, Section 34. (Amends Section 498, Consol. Act). Amended by substituting the word " basement " for the word " cellar." (1894) — Brooklyn — Chapter 481, Section 28. (Amends Brooklyn Consol. Act). Above provisions re-enacted. (1895) — Chapter 567, Section 8. (Amends Section 661, Consol. Act). " An open area shall be constructed from the level of the cellar to the sidewalk in front of and extending the full width of such houses (all tenement-houses hereafter constructed or buildings hereafter con- verted to the purposes of a tenement-house) which shalj contain a staircase to give access to the cellar from the street. Where stores are located on the first floor the area may be covered with suitable vault lights or gratings." *(1897) — Chapter 378, Greater New York Charter, Section 1318. — Continued. (Slight verbal changes of no importance). *(1899) — The Building Code — (An ordinance adopted December 20, 1899). Section 74. " Every dwelling-house arranged for or occupied by two or more families above the first story, hereafter erected, shall be provided with an entrance to the basement thereof from the outside of such building." * Indicates the existing law. 54 CELLAR CEILINGS.— In 1891, the first law upon this sub- ject was passed requiring that cellar ceilings should be plastered or filled in with deafening between the beams. In the follow- ing year, the law was amended so as to require the ceiling over every cellar or lowest floor in all dwelling-houses when the beams were made of wood to be protected with iron or wire lath, and also plastered with brown mortar. This has been the law until 1899 when these requirements were limited to resi- dence buildings more than four stories in height. (1891) — Chapter 39, Section 1. " Every tenement-house shalj have the cellar ceiling plastered or filled in with deafening between the beams or ceiled with tongued and grooved boards not less than three-quarters of an inch in thickness, lined with builders' paper." (1892) — Chapter 375, Section 16. (Amends Section 480, Consol. Act). " The ceiling over every cellar or lowest story in dwelling-houses when the beams are of wood shall be lathed with iron or wire lath, and plastered thereon with two coats of brown mortar of good materials." (1894) — Brooklyn — Chapter 481, Section 11. (Amends Chapter 583 of the Laws of 1888). " The ceiling over every cellar or lowest floor in dwelling-houses more than four stories in height, when the beams are of wood shall be lathed with wire or metal lath and plastered thereon with two coats of brown mortar of good materials." *(1899) — The Building Code — (An ordinance adopted December 20, 1899). Section 58. " The ceiling over every cellar or lowest floor in every residence building more than four stories in height, hereafter erected, when the beams are of wood, shall be lathed with iron or wire lath and plastered thereon with two coats of brown mortar of good materials, or such other fireproof covering as may be approved by the com- missioner of buijdings having jurisdiction." CELLAE WOOD BINS.— In order to minimize the dangers from fire, it was felt that it was necessary to do away with as much inflammable material as possible in the cellars of tene- * Indicates the existing law. 55 ment-houses. In 1867, therefore, the law required that in all dwellings arranged for four families or more, the receptacles for fuel in the cellar should be constructed wholly of fireproof materials. This provision was repealed in 1871. (1867) — Chapter 939, Section 10. " In all dwelling-houses occupied or intended to be occupied by- four families or more, now erected, or that shall hereafter be built all receptacles for fuel when placed in the cellar of said houses shall be constructed wholly of fireproof materials." <1868) — Chapter 634, Section 2. (Amends Section 10, Chapter 939 of the Laws of 1867). " In all dwelling-houses now erected, occupied by or built to con- tain two or more families on any of the floors above the first story, and alj dwelling-houses now erected more than three stories in height, occupied by or built to contain four or more families, no receptacles for fuel shall be placed in the cellars of said houses unless wholly constructed of fireproof materials." <1871) — Chapter 625. — Repealed. WOODEN TENEMENTS, WHEN PEOHIBITED.— The chances for escape in case of fire in wooden buildings are so slight that it has been recognized for some time that buildings of this class should not be occupied by large numbers of persons. In 1885, the law prohibited any wooden tenement-house or any frame house, intended to be occupied by more than two famil- ies, to be built north of 149th Street; and, in 1887, the law- prohibited the erection of any wooden building, to be occupied by more than two families, and also forbade the alteration of any existing wooden building to be occupied by more than the above number of persons. In 1892, the law was again amended prohibiting the erection of any wooden building to be occupied by more than one family on a floor and forbidding the alteration of any existing building to be occupied by more than three families. These provisions of the law were, however, all done away with in the Building Code, a local ordinance adopted in 1899. This Code in Section 146, permits a wooden tenement-house 56 to be built to be occupied by as many as six families, and in such buildings allows the cellar stairs to be located under the main stairs and states specifically that the cellar stairs need not be enclosed in brick walls. (1885) — Chapter 456, Section 24. (Amends Section 495, Consol. Act). " No frame tenement-house or frame house for more than two fami- Jies shall be built north of 149th Street." (1887) — Chapter 566, Section 23. (Amends Section 495, Consol. Act). " No frame dwelling-house hereafter erected (July 5th, 188/) shall be occupied by more than 2 families, nor shall any frame building already erected be altered to be occupied by more than two families." (1892) — Chapter 275, Section 31. (Amends Section 495, Consol. Act). " No frame dwelling-house, hereafter erected shall be occupied by more than one family on each floor, nor shall any frame building already erected be altered to be occupied by more than three families." (1894) — Brooklyn — Chapter 481, Section 25. (Amends Brooklyn Consol. Act). " No frame dwelling-house hereafter erected shall be occupied by more than two families on each floor, nor shall any frame building already erected be altered to be occupied by more than two families on each floor." (1894) — Brooklyn — Chapter 481, Section 26. (Amends Brooklyn Consol. Act). " No frame building that may hereafter be erected shall be built to a height exceeding forty feet and divided into more than three stories to be used as a dwelling or a tenement-house." *(1899) — The Building Code — (An ordinance adopted December 20, 1899). Section 146. " No frame building exceeding 3 stories in height shall hereafter be erected to be occupied by more than six families, nor shall any frame building already erected, be altered to be occupied by more than six families, nor more than three stories in height. The cellar stairs in frame buildings may be placed directly under the main stairs and no brick wall shall be necessary to enclose the same; nor shall areas be required to be built across the front of frame buildings, except where the cellar or basement is used for living purposes." * Indicates the existing law. 57 *(1899) — The Building Code — (An ordinance adopted December 20, 1899). Section 147. " Within portions of the City of New York where streets have not been or are not legally established and are outside of the prescribed fire limits, tenement-houses for occupancy by not more than six fami- lies may be built of wood, but shall in all other respects comply with the several provisions of this Code relating to such structures; but for all other buildings or structures only so much of the requirements, regulations and restrictions of this Code shall apply as in the opinion of the commissioner of buildings having jurisdiction may be necessary for safety and health.'' FIREPROOF TENEMENTS, WHEN REQUIRED.— It is inter- esting to find that as early as i860 any tenement-house erected to be occupied by more than eight famihes had to be built fireproof, unless the buildings were provided with fireproof stairs in a brick or stone fireproof building attached to the ex- terior walls, and unless the rooms on every story communi- cated directly by doors from front to rear, or unless there were practicable fire-escapes in place of fireproof stairs. This law, however, was repealed in 1862. In 1867 there was a pro- vision requiring that all new front and rear buildings, built on the same lot, should be fireproof throughout; the year 1871 saw the repeal of this clause of the law. The height to which non-fireproof tenements may be erected has varied con- siderably in many different amendments that have been made to the building law. The first provision enacted was in 1885 when it was required that every building thereafter erected over 70 feet high should be built fireproof. In 1887, the limit was made 80 feet instead of 70, and in 1892, it was increased to 85 feet. In 1896, however, it was changed back to 70 feet and in the following year it was again made 75 feet. In the same year a provision was passed limiting the height of fire- proof dwelling-houses containing one or more power pas- senger elevators used as dwellings by more than one family. In this law the height was regulated in proportion to the widest street or avenue on which the building stood and was limited to 150 feet upon all' streets and avenues over 79 feet in width, and to 100 feet on all streets and avenues less than 79 feet in width. The Building Code in 1899 (the present law upon this subject) limits the height of non-fireproof tenements to 85 * Indicates the existing law. 58 feet, provided that the first and second stories are fireproof, and to 75 feet when the first floor only is fireproof. Fireproof tenements under this section of the Code may be erected to a height of 150 feet, but must not exceed 12 stories, when such buildings front on streets or avenues over 79 feet in width; when the buildings front upon streets or avenues less than 79 in width, then the height shall not exceed 125 feet or ten stories- (I860) — Chapter 470, Section 25. " All dwelling-houses which are built for the residence of more than eight families must be built fireproof throughout if the buildings are not built with either stairs or balconies as specified as follows: ' There shall be a fireproof stairs in a brick or stone or fireproof build- ing, attached to the exterior walls and all the rooms on every story must communicate by doors; or if fireproof stairs are not built as above, then there must be fireproof balconies on each story on the outside of the building connected by fireproof stairs, and all rooms en every story must communicate by doors.' " (1867) — Chapter 939, Section 10. (Amends Section 32, Chapter 873 of the Laws of 1866). " In no case hereafter shall a front and rear tenement-house be erected on the same lot, unless said houses, and each of them, shall be built fireproof." (1868) — Chapter 634, Section 2. (Amends Section 10, Chapter 939 of the Laws of 1867). — Continued. (1871) — Chapter 625.— Repealed. (1885) — Chapter 456, Section 21. (Amends Section 492, Consol. Act). " Every building hereafter erected the height of which exceeds 70 feet shall be built fireproof." (1887) — Chapter 566, Section 20. (Amends Section 492, Consol. Act). Amended by changing "70" to "80." (1889) — Chapter 297, Section 1. (Amends Section 492, Consol. Act). — Continued. (1892) — Chapter 275, Section 20. (Amends Section 484, Consol. Act). The law amended to apply to buildings over eighty-five feet high. 59 <1894) — Brooklyn — Chapter 481, Section 15. " Every building hereafter erected the height of which exceeds 85 feet shall be built fireproof." <1896) — Chapter 723, Section 1. (Amends Section 484, Consol. Act). " Every building hereafter erected the height of which exceeds 70 feet shall be built fireproof." (1897) — Chapter 557, Section 1. (Amends Section 484, Consol. Act). " Every building the height of which exceeds 75 feet shall be built fireproof." (1897) — Chapter 321. " The height of all fireproof dwelling-houses and all fireproof houses containing one or more power passenger elevators used or intended to be used as dwellings for more than one family now or hereafter con- structed or completed, shall be regulated in proportion to the width of the widest street and avenue upon which they abut, and such height measured from the sidewalk line and taken in all cases through the centre of the facade of the house to be erected, including attics, cornices and mansards, shall not exceed one hundred and fifty feet upon all streets and avenues exceeding seventy-nine feet in width, and one hun- dred feet upon all streets and avenues not exceeding seventy-nine feet in width. Alf buildings mentioned in the first section of this act pro- vided the same have a frontage exceeding forty-five feet and exceed one hundred and thirty-seven feet in height, shall have two separate fireproof stairways leading from the ground floor to the roof, one of which shall be remote from the elevator shaft." *(1899) — The Building Code — (An ordinance adopted December 20, 1899). Section 53. " No non-fireproof apartment-house, tenement-house or dwelling- house shall be hereafter erected more than six stories in height, nor exceed a height of 75 feet, unless such building has both the first and second story floors constructed fireproof, and then the height shall be not more than seven stories nor exceed 85 feet in height. Fireproof apartment-houses or tenement-houses, if constructed entirely in accord- ance with the requirements of section 105 of this Code, for fireproof construction may be erected to a height not to exceed 150 feet but not more than 12 stories in height upon all streets and avenues exceeding 79 feet in width, and 125 feet but not more than 10 stories in height upon all streets and avenues not exceeding 79 feet in width, but any such building when exceeding 100 feet in height shall be not less than 40 feet in width. If any such building shall have a frontage exceeding * Indicates the existing law. 60 40 feet and exceeds 85 feet in height, it shall have at least two separate fireproof stairways accessible from each apartment, leading from the ground floor to the roof, one of which shall be remote from elevator shafts.'' COMBUSTIBLE MATERIALS, STORAGE OF, PROHIBITED.— Since 1862 there have been different provisions of the law pro- hibiting the storage of combustible materials in tenement- houses. These provisions have been re-enacted in different years with very slight changes. (1862) — Chapter 356, Section 27. " No dwelling-houses already erected or that may hereafter be built, that now are or may be more than forty feet high, that shall be occu- pied or built to contain six or more families above the first story and no dwelling-house that shall be occupied by or built to contain eight or more families above the first story shall have any hay, straw, hemp, flax, wood, shavings, burning fluid, turpentine, camphene or any other combustible material, stored therein, or kept for sale, except in such quantities as shall be provided for by ordinances of the common council of said city." (1866) — Chapter 873, Section 33. " No dwelling-houses in any part of the city of New York already erected or that may hereafter be built, that now are or may be more than forty feet high, that shall be built to contain or be occupied by six or more families, above the first story, and no dwelling-houses that shall be built to contain or occupied by eight or more families above the first story shall have any hay, straw, hemp, flax, wood, shavings, burning fluid, turpentine, camphene or any other combustible material stored therein, or kept on sale, except in such quantities as shall be provided for by law or by ordinances of the common council in the said city." (1867) — Chapter 908, Section 8. " No tenement or lodging-house nor any portion thereof, shall be used as a place of storage for any combustible article, or any article dangerous to life or detrimental to health." (1867) — Chapter 939, Section 10. " No dwelling-houses intended to be occupied by four families or more, now built or which may hereafter be built, shall have any hay, straw, hemp, flax, wood, shavings, burning fluid, turpentine, camphene or any other combustible material stored therein, or kept on sale, ex- cept in such quantities as shall be provided for by law.'' 61 <1868) — Chapter 634, Section 2.— Continued with the following change: The word "stored" is changed to "stand." (1871) — Chapter 625, Section 28. "'No dwelling-house now built, or which may be hereafter erected, shall have any hay, straw, hemp, flax, shavings, burning fluid, turpentine, camphene or' any other combustible material stored therein or kept on sale, except in such quantities as shall be provided by law." <1S74) -^Chapter 547, Section 7.— Repealed. <1S82) — Chapter 410, Section 656. (Provisions of Chapter 908, Laws of 1867, continued). (1888) — Brooklyn — Chapter 583, Section 30. (Provisions of Chapter 908, Laws of 1867, continued). (1888) — Brooklyn — Chapter 583, Section 47. (Brooklyn Consol. Act). " No building situated or hereafter erected in the city, occupied in whole or in part as a dwelling, or occupied by any family or families, shall have any hay, straw, hemp, flax, shavings, burning fluid, camphene, or any other combustible material stored therein, or in any part thereof, or kept on sale except in such quantities as shall be provided for by law, or by ordinance of the common council of said city." (1895) — Chapter 567, Section 5. (Amends Section 656, Consol. Act). " No tenement or lodgirig-house nor any portion thereof shall be used as a place of storage for any combustible article or any article dangerous to life or detrimental to health." (1895) — Chapter 567, Section 5. "After the first day of September, 189S, no part of any tenement- house shall be used for the storage of feed, hay or straw, except by a permit of and under such conditions as may be prescribed by the fire department." *(1897) — Chapter 378, Greater New York Charter, Section 1312. The first provisions of section S, Law of 189S, continued with the following change: After the word "lodging-house" insert the words " or premises, nor any portion thereof." * Indicates the existing law. 62 . * (1897) — Chapter 378, Greater New York Charter, Section 1313. Second provision of the law of 1895 continued, excepting, the words " after the first day of September, 1895," are omitted. DANGEEOUS BUSINESSES IN TENEMENTS.— It was found in 1895 by the Tenement-House Commission, in .the course of v^their investigations, that many tenement-house fires were caused by boihng fat in cehars of tenement-houses, in mak- ing crullers. As a result, the amended tenement-house law, passed in 1895, prohibited the boiling of fat in the cellars of tenements, unless the tenement-house was fireproof through- out, or unless the place where the fat boiling was done, was inade safe by fireproof material on the walls and ceilings, and in such other way as the Fire Department might direct. In order to give every safeguard to the people in the tenements, it was further provided that there should be no openings be- tween the place where the fat was boiled and the other parts of the tenement-house, and if such openings existed they were to be closed up solidly with fireproof materials. This law was re-enacted in the Charter and is the law at the present time. PAINTS, OILS, DRUGS, ETC.— The Tenement-House Law of 1895 also provided that where paint, oil, spirituous liquors or • drugs were stored or kept for the purposes of sale on the first floor of any tenement-house, there should be no opening lead- ing from such place into the public hall of the tenement-house, and any openings that might exist in such buildings were required to be closed up solidly. This is practically the pres- ent law, except that a slight amendment was made to the law in the Charter, there being a provision that the transoms and windows opening into the halls, instead of being closed up solidly, might be glazed with wire glass. (1895) — Chapter 567, Section 5. (Amends Section 656, Consol. Act). "After the first day of September, 1895, no bakery or place of busi- ness in which fat is boiled shall be maintained in any tenement-house which is not fireproof, or where the ceiling and sidewalls of the place, where said fat boiling is done, are made safe by fireproof material around the same, except by permit of and under such conditions as may be- * Indicates the existing law. 63 prescribed by the fire department. After the first day of September, 1895, all transoms, windows, doors and other openings leading into halls, or into rooms opening into halls, from bakeries or places of business, in which fat is boiled in the basements, cellars or on the first floors, of ajl tenement-houses in the city of New York, shall be solidly closed with the same material as the walls or partitions in which the openings exist, so that there shall be no opening between said bakeries, or other places of business of said floor in which fat is boiled, and the other parts of the tenement-house in which the same shall be situated." * (1897) ^Chapter 378, Greater New York Charter, Section 1311. Last provisions of the law of 1895 continued, with the following change: The words at the beginning "After the first day of September, 189s," omitted; also in the fourth line the word "other" omitted. * (1897) — Chapter 378, Greater New York Charter, Section 1312. The first provision of the law of 189S in reference to bakeries con- tinued, except that the first words "After the first day of September, 189s," are omitted. (1895) — Chapter 567, Section 5. (Amends Section 656, Consol. Act). "After the first day of September, 1895, all transoms and windows opening into halls from any portion of the first floor of any tenement- house where paint, oil, spirituous liquors or drugs are stored or kept for the purpose of sale, or otherwise, shajl be removed and closed up as solidly as the rest of the wall; and all doors leading into any such hall or room from such portion of said floor, of said tenement-house used as aforesaid, shall be made fireproof." *(1897) — Chapter 378, Greater New York Charter, Section 1311. Continued, with the following change: After the words "or other- wise " insert the words " shall be glazed with wire glass, or they." PEECAUTIONS AGAINST FIRE.— In addition to the many provisions for securing safe egress in case of fire a law was passed in 1892, requiring the owners of all tenement-houses to provide such means of communicating alarms of fire as the Fire Commissioners might direct, and also to provide such fire hose, extinguishers, buckets and hooks as might be re- quired by the Fire Department. This provision was re-en- acted in the Charter and is the law at the present day. * Indicates the existing law. 64 (1892) - Chapter 703, Section 1. (Amends Section 454, Consol. Act). " The owners or proprietors of all tenement-houses and apartment- houses and lodging-houses shall provide such means of communicating alarms of fire, accident or danger to the police and fire departments respectively as the board of fire commissioners or the board of police commissioners may direct, and shall also provide such fire hose, fire extinguisher, buckets, firehooks, firedoors, and other means of prevent- ing and extinguishing fires as said board of fire commissioners may direct." *(1897) — Chapter 378, The Greater New York Charter, Section 763.— Continued. PLASTEKING BEHIND WAINSCOTING.— Many fires have spread throughout a house b}' a person throwing a match upon the floor near the baseboard at the wall, and there being an air space at this point, the fire has spread rapidly through the floors and partitions. In order to prevent such occurrences a special provision of the law was enacted in 1892, requiring that the surface of the wall or partition behind any wainscot- ing should be plastered down to the floor line and the inter- vening space between the plastering and the wainscoting filled in solid with incombustible material. This provision was re- enacted in the Building Code and is the law at the present day. (1892) — Chapter 275, Section 16. (Amends Section 480, Consol. Act). " When wood wainscoting is used in any building hereafter erected the surface of the wall or partition behind such wainscoting shall be plastered down to the floor line, and any intervening space between the said plastering and wainscot shall be filled in solid with incombustible material." (1894) — Brooklyn — Chapter 481, Section 11. (Amends Chapter 583 of the Law of 1888). " When wood wainscoting is used in any building hereafter erected, the surface of the wall or partition behind such wainscoting and on all furred walls or stud partitions, shall be plastered down to the floor line." *(1899) — The Building Code — (An ordinance adopted December 20, 1899). Section 72. " When wainscoting is used, in any building hereafter erected, the surface of the wall or partition behind such wainscoting shall be plastered flush with the grounds and down to the floor line." * Indicates the existing law. 65 FIREPROOF SHUTTERS— In 1871, it appears there was a provision of law requiring fireproof shutters upon tenement- houses. This was obviously a mistake, as such shutters could be of no use upon a building of this kind and must necessarily be a detriment. The law was repealed in 1874. (1871) — Chapter 625, Section 28. "All the window openings of all rear buildings, and all the rear window openings of all buildings mentioned in this section (any build- ing hereafter erected more than three stories in height, occupied by or built to be occupied by three and not more than six families above the first story), shall be provided with fireproof blinds." <1 874) — Chapter 547, Section 7.— Repealed. LIGHT AND VENTILATION PROVISIONS. SPACE BETWEEN FRONT AND REAR TENEMENT-HOUSES.— When the first tenement-house law was enacted in 1867, the ■evils of rear tenement-houses were very great, in many cases front and rear buildings being built on the same lot with a very small space intervening. The first provision of a tenement- house law in reference to light and ventilation would naturally, therefore, be one defining the minimum space that should be left between front and rear buildings. The law in 1867 provided that in the future when any tenement or lodging-house was built on the front of a lot where there was another building on the rear of the lot, there should be at least ten feet between the buildings from the ground up, provided the buildings were one story high; when they were two stories high, the distance was to be not less than 15 feet; when three stories high, the distance was to be 20 feet, and when more than three stories high, the distance was required to be 25 feet. A clause was added, however, giving discretionary power to the Board of Health to modify these distances in special 5 66 cases. This law was defective in that, it only provided for buildings erected on the front of a lot and did not prohibit the erection of a tenement-house on the rear of a lot where there was already another building on the front, or prescribe the dis- tances that should be between such buildings under such cir- cumstances. This defect was not remedied until 12 years after- ward, when the Tenement-House Act was amended in 1879, although in 1871, in an amendment to the general building laws, an effort was made to do so. The law of 1871 pro- Aided that thereafter no front and rear tenement-houses should be erected on the same lot, unless there was an open space of at least 28 feet between them, extending for the whole width of the lot. This provision, however, was repealed three years later. In 1879, however, the Tenement- House Act was amended and the defect of the law of 1867 was remedied, the new law providing that there should be sufficient open spaces between front and rear tenement-houses, without regard as to whether the front or the rear building was erected frrst, and the discretionary power given to the Board of Health to modify these spaces in special cases was still con- tinued. This has remained the law rmtil 1895, when this dis- •' cretionary power was taken away. There was also another change in' the law of 1895, it being deemed unlawful to erect such front and rear tenement-houses without a permit from the Superintendent of Buildings, unless there were such open spaces as provided for in previous statutes. In the following year, the Brooklyn Building Law was amended and this part of the tenement-house requirements was re-enacted, and the discre- tionary power to modify and lessen the distance between front and rear tenement-houses was again added to the law ; this time being vested in the Commissioner of Buildings instead of the Board of Health. In 1897, with the adoption of the Greater New York Charter, the provisions in relation to Brooklyn and New York were brought again under one law, as they had been in 1867, the previous provisions being re-enacted and the Department of Buildings being again given discretionary power to lessen or modify the spaces between front and rear houses in special cases. This is the present law upon the subject. G7 (1867) — Chapter 908, Section 13. " It shall not be lawful hereafter to erect for or convert to the pur- poses of a tenement or lodging-house, a building on the front of any lot where there is another building on the rear of the same lot, unless there is a clear open space exclusively belonging thereto and extending upwards from the ground of at least ten feet between said buildings , if they are one story high above the level of the ground; if they are two stories high, the distance between them shall not be less than fifteen feet; if they are three stories high, the distance between tlienT^shall "Be" twenty feet; and if they are more than three__stories Jiigh, the distance between them shall be t wenty- five feet. But when thorough ventilation of such open spaces can be otherwise secured, said distances may be lessened or modified iri^ special cases by a permit from the Metropolitan board of health." (1871) — Chapter 625, Section 28. "And in no case shall a front and rear tenement-house be erected on the same lot, unless there shall be an open space of at least 28 feet, the whole width of the lot, between the same," / (1874) — Chapter 547, Section 7. — Repeals above Section 28, Chap- ter 625. (1879) — Chapter 504, Section 1. (Amends Section 13, Chapter 908, Laws of 1867). " It shall not be lawful hereafter to erect for, or convert to the pur- poses of a tenement or lodging-house, a building on any lot where there is another building on the same lot, unless there is a clear open space exclusively belonging thereto and extending upward from the ground of at least ten feet between said buildings if they are one story high, above the level of the ground; if they are two stories high, the distance between them shall not be less than fifteen feet; if they are three stories high, the distance between them shall be not less than twenty feet; and if they are more than three stories high the distance between them shall be not less than twenty-five feet. But when thorough ventilation of such open spaces can be otherwise secured, said distances | may be lessened or modified in special cases by a permit from the board of health," (1880) — Chapter 399, Section 1. (Amends Section 13, Chapter 908, Laws of 1867). Provisions of the Law of 1879 continued, but the word " spaces " changed to " space " in reference to the discretionary powers of the board of health to modify distances between front and rear buildings and at back of rear buildings. 68 < 1882) —Chapter 410, Section 661. Provisions of Section 13, Chapter 908 of the Laws of 1867, as amended by Section 1, Chapter 504, Laws of 1879, and by Section 1, Chapter 399 of the Laws of 1880, continued. (1887) — Chapter 84, Section 10. (Amends Section 661, Consol. Act). " It shall not be lawful hereafter to erect or convert to the purposes of a tenement or lodging-house, a building on any lot where there is another building on the same lot, or to build, or to erect any building on any lot whereon there is already a tenement or lodging-house, un- less there is a clear open space exclusively belonging thereto, and ex- tending upward from the ground of at least lo feet between said build- ings if they are one story high above the level of the ground; if they are two stories high, the distance between them shall not be less than 15; if they are three stories high the distance between them shall not be less than 20 feet; and if they are more than three stories high the distance between them shall not be less than 25 feet; but when thorough ventilation of such open spaces can be otherwise secured, such dis- tances may be lessened or modified in special cases by a permit from the board of health." (1887) — Chapter 388, Section 1. (Amends Section 661, Consol. Act). — Continued. (1888) —Brooklyn — Chapter 583, Section 34. (Brooklyn Consol. Act). Provisions of law of 1867, Section 13, as amended by Chapter 504 of the law of 1879, re-enacted. (1891) — Chapter 204, Section 1. Provisions of Section 10, Chapter 84 of the Laws of 1887, continued. (1892) — Chapter 238, Section 1. Provisions of Chapter 204 of the Laws of 1891, continued. (1895) — Brooklyn — Chapter 539, Section 1. (Amends Section 55 of the Brooklyn Consol. Act). Provisions of Section 10, Chapter 84 of the Laws of 1887, as amended by Chapter 204 of the Laws of 1891, continued with the following amendment: The phrase "But when thorough ventilation of such open spaces can be otherwise secured such distances may be lessened or modified in special cases by a permit from the board of health," has been stricken out. 69 (1895) — Chapter 567, Section 8. (Amends Section 661, Consol. Act). Provisions of Section lo, Chapter 84 of the Laws of 1887, continued, with the following changes: At the beginning after the words "It shall not be lawful" insert "without a permit from the superintendent of buildings." Also wherever the words " board of health " occur, the words " department of buildings " have been substituted. (1896) —Brooklyn — Chapter 355, Section 1. (Amends Section 55, Brooklyn Consol. Act). " It shall not be lawful without a permit from the commissioner of buildings, to alter, erect or convert to the purposes of a tenement or lodging-house, a building on any lot where there is another building on the same lot, or to build or erect any building on any lot whereon there is already a tenement or a lodging-house, unless there is a clear open space exclusively belonging thereto, and extending upwards from the ground of at least ten feet between said buildings, if they are one story high above the level of the ground; if they are two stories high, the distance between them shall not be less than fifteen feet; if they are three stories high, the distance between them shall not be less than twenty feet; if they are more than three stories high, the distance be- tween them shall not be less than twenty-five feet, but when thorough ventilation can be otherwise secured, such distances may be lessened or modified in special cases by a permit from the department of buildings." *(1897) — Chapter 378, Greater New York Charter, Section 1318. (Provisions of Section 8, Chapter 567, of the Laws of 1895, continued. " It shall not be lawful without a permit from the department of buildings to alter, erect or convert to the purpose of a tenement or lodging-house, a building on any lot where there is another building on the same lot; nor shall it be lawful to build or to erect any building on any Jot whereon there is already a tenement or lodging-house, un- less there is a clear open space belonging exclusively thereto, and ex- tending upward from the ground of at least ten feet between said build- ings if they are one story high above the level of the ground; if they are two stories high the distance between them shall not be less than 15 feet; if they are three stories high the distance then shall not be less than 20 feet; if they are more than three stories high the distance be- tween them shall not be less than 25 feet, but when thorough ventilation of such open spaces can be otherwise secured, such distances may be lessened or modified in special cases by a permit from the department of buildings." * Indicates the existing law. YO SPACE LEFT VACANT AT KEAK OF TENEMENT-HOUSES.— As in a number of cases, new tenement-houses were being built covering almost the entire lot, running back to the lot limit, thus backing up against buildings on adjoining lots, it was necessary at an early date to provide that a certain portion of every lot should be left vacant at the rear for a back yard, so as to bring light and air to the rear rooms of the building. The first tenement law, the Act of 1867, provided that in all build- ings erected after that time, there should be a clear open space of 10 feet between the back of the tenement-house and any other building, but discretionary power was given to the Board / of Health to mochfy this distance in special cases. As can be readilv seen, this law was singularly defective, in that it only provided that there should be a space of ten feet between the back of a rear tenement-house and any ofJicr building, the re- sult of which was that where there did not happen at the time to be a building erected on the lot chrectly behind the one in question, the building in question might be built up to the very lot line and no space left. This defect of the law was not remedied until 1879, when the law was changed so as to require xa clear open space of ten feet between the back of any new tenement-house and the rear line of the same lot. Discretion- ary power, in special cases, was still given to the Board of Health, and this has remained the law until 1887, when the discretionary power was taken awa}'. It is singular that no exception \\as made of corner lots until 1887. Chapter 288 of the laws enacted in the same year, but at a later date than the amendment to the Tenement-House Act, provided that this space, as to corner lots, might be modified in special cases by the Board of Health. This has practically remained the present law until 1895, when The Tenement-House Act was ma- terially changed. In that year it was enacted that no new corner tenement-house should come within 5 feet of the rear of the lot line above the first story, the entire lot being per- mitted to be covered on the first floor. On interior lots, a space of 10 feet between the back of the building and the rear of the lot was required, and all discretionary power as to this point was taken away from the Board of Health and the De- partment of Buildings. This provision was re-enacted in the 71 Greater New York Charter, but with an important change. It was felt to be inadvisable to permit a corner building to cover the entire lot upon the first story, as it did not permit sufficient ventilation through the block; consequently the new law prohibited any corner tenement-house from coming within 5 feet of the rear line of the lot. This is the present law upon this subject. In addition to this provision, however, the De- partment of Buildings has adopted certain regulations in ref- erence to this subject to the effect that where corner tene- ments are over 80 feet high the space at the rear shall be 5 feet 4 inches; where they are over 85' feet high, the space shall be 5 feet 8 inches, and so on, through a varying schedule of distances, up to a height of 150 feet. Under the provisions of the Charter, the Department of Buildings is given power to make certain regulations in relation to tenement-houses not inconsistent with the Charter. It is questionable whether any of the regulations above quoted have any legal value as they seem to be at variance with the provisions of the charter which states that the distance shall not be less than 5 feet. (1867) — Chapter 908, Section 13. "At the rear of every building hereafter erected for, or converted to the purposes of a tenement or lodging-house on the back part of any lot, there shall be a clear open space of 10 feet between it and any other building ; but when thorough ventilation of such open spaces can be otherwise secured said distances may be modified in special cases by a permit from the Metropolitan board of health." (1879) — Chapter 504, Section 1. (Amends Section 13, Chapter 908, Laws of 1867). "At the rear of every building hereafter erected for or converted to the purposes of a tenement or Jodging-house on any lot, there shall be a clear, open space of not less than 10 feet between it and the rear line of the lot. But when thorough ventilation of such open spaces can be otherwise secured, such distances may be lessened or modified in special cases by a permit from the board of health." (1880) — Chapter 399, Section 1. (Amends Section 13, Chapter 908, of the Laws of 1867). "At the rear of every building hereafter erected for or converted to the purposes of a tenement or lodging-house on any lot, there shall be a clear open space of not less than ten feet between it and the rear line of the lot. But when thorough ventilation of such open space can be otherwise secured such distances may be lessened or modified in special cases, or the open spaces may be dispensed with on corner lots by a permit from the board of health." (1882) — Chapter 410, Section 661. (Provisions of Chapter 504 of the Law of 1879, re-enacted). "At the rear of every building hereafter erected for or converted to the purpose of a tenement or lodging-house on any lot, there shall be a clear, open space of not less than lo feet between it and the rear line of the lot. But when thorough ventilation of such open space can be otherwise secured, said distances may be lessened or modified in special cases by a permit from the board of health." (1887) — Chapter 84, Section 10. (Amends Section 661, Consol. Act). "At the rear of every building hereafter erected for or converted to the purposes of a tenement or lodging-house on any lot, there shall be and remain a clear open space of not less than lo feet between it and the rear line of the lot." (1887) — Chapter 288, Section 1. Provisions of Chapter 84 of the Laws of 1887 amended by adding at the end " But this provision may be modified as to corner lots in special cases by a permit from the board of health." (1888) — Brooklyn — Chapter 583, Section 34. (Brooklyn Consol. Act). Provisions of Laws of 1867 as amended by laws of 1879 and 1880, re-enacted. (1891) — Chapter 204, Section 1. Provisions of the law in reference to space at rear of new tenements as contained in Section 10, Chapter 84, of the Laws of 1887; and also in Section I, Chapter 288, of the Laws of 1887, amended as follows: " But this provision may be modified as to corner lots, and may be changed or modified as to lodging-houses in special cases by a permit from the board of health." (1892) — Chapter 238, Section 1. (Provisions of Chapter 204 of the Laws of 1891, continued). Y3 (1895) — Brooklyn — Chapter 539, Section 1. (Amends Section 55, Brooklyn Consol. Act). " There shall be and remain a clear, open space of not less than ten feet between the rear end of said lot and any building thereon." (1895) — Chapter 567, Section 8. (Amends Section 661, Consol. Act). "At the rear of every building hereafter erected for or converted tO' the purposes of a tenement or lodging-house on any lot, there shall be and remain a clear, open space of not less than lo feet between it and the rear end of the lot. But this provision shall not apply to corner lots in which, however, no such building shall come within 5 feet of the rear of said lot above the first story." (1896) — Brooklyn — Chapter 355, Section 1. (Amends Section 55, Brooklyn Consol. Act). "At the rear of every building hereafter erected for or converted for the purposes of a tenement or lodging-house on any lot, there shall be and remain a clear, open space of not less than ten feet between it and the rear end of the lot." *(1897) — Chapter 378, Greater New York Charter, Section 1318. Provisions of Chapter 567, Laws of 1895, continued, with the following amendment: The words " above the first story " at the end, stricken out. * (1900) — Beg'ulations of the Department of Buildings. "At the rear of every tenement or Jodging-house on any corner lot there shall be and remain above the first story a clear space of not less than five feet between it and the rear end of the lot, up to eighty feet in height and Over 8o feet, five feet four inches. Over 8s feet, five feet eight inches. Over 90 feet, six feet. Over 9S feet, six feet four inches. Over 100 feet, six feet eight inches. Over los feet, seven feet. Over no feet, seven feet four inches. Over IIS feet, seven feet eight inches. Over 120 feet, eight feet. Over 125 feet, eight feet four inches. Over 130 feet, eight feet eight inches. Over 13s feet, nine feet. Over 140 feet, nine feet four inches. Over 14s feet, nine feet eight inches. Over 150 feet, ten feet. * Indicates the existing law. 74 Where the width of a corner lot is greater than an ordinary city lot it must have a clear space of not less than ten feet in the rear of that portion in excess of an ordinary city lot, or, in lieu thereof, an open court not Jess than one of the same widths as above, and beginning at the street or avenue, which must extend the full width of the lot and continue to the first interior room. And such interior portion of a corner tenement or lodging-house must conform to all the requirements of a tenement or lodging-house situated on an inside lot." PEECENTAGE OF LOT OCCUPIED.— Although the first and most important tenement-house law was enacted in 1867, yet not until 12 years later was there any provision in the law limiting the percentage of the lot permitted to be occupied by a new tenement-house. It is exceedingly strange that a pro- vision should not have been contained in the first legislation upon this subject and it is only accounted for by the fact that the great majority of new tenement-houses in 1867 were only, four stories high, and seldom covered more than 60 per cent, of the lot. In the act of 1879, however, the percentage of lot permitted to be occupied by a new tenement-house was limited to 65 per cent. This, however, was not to apply to corner lots, and in addition the Board of Health was given j^discretionary power to permit it to be modified in special cases. This provision as to the percentage of the lot applied only to New York, and not till 1895 was this defect in the Brooklyn law remedied. The 1867 law also contained another singular defect, in that it made no provision for existing tenement-houses that might be altered or enlarged, so that under this law onei! might take an old tenement-house and alter it so as to cover 100, per cent, of the lot, and yet, a man building a new tenement- house and a better building was limited to 65 per cent. This defect of the law was remedied in 1887, when the law was made to apply to old buildings altered or enlarged to be used as tene- ment-houses, as well as to new buildings; and the other provis- ions of the previous statutes were all re-enacted. In 1891 an important amendment to the New York laws was passed; prior to that time, the Board of Health had discretionary power to permit more than 65 per cent of the lot to be occupied in special cases. The Act of 1891, however, limited this provis- 75 ion strictly to corner tenements and to lodging-Iiouses, thus taking away all such discretionary powers in relation to tene- ment-houses built on ordinary interior lots. This important provision was re-enacted in 1892, but, also, in the same year a law, passed at a later date, gave the Board of Health the power to make regulations in addition to those pro- vided for by the statute, in special cases, as to the propor- tion of any lot to be covered by any tenement or lodging-house. In 1895, the Brooklyn Building Law was amended and the defects of the law in this respect were I'emedied, the new law limiting the percentage of lot to be occupied to 70 per cent. ; but this was not to apply to corner buildings, which were permitted to occupy as much as go per cent, of the lot, and no discretionary power was given to the Commissioner of Buildings or the Board of Health to modify this provision of the law. In the same year the New York Tenement-House Law was materially changed; the provisions of previous statutes were re-enacted prohibiting any new tenement-house from covering more than 65 per cent, of the lot, and also prohibiting any existing tene- ment or lodging-house from being enlarged or altered to cover a greater area. A new clause was added, however, to the effect that " where the light and ventilation of such tenement or lodging-houses were, in the opinion of the Superintendent of Buildings materially improved, he might permit such tene- ment or lodging-house to occupy an area not exceeding 75 per centum of the lot." In addition to limiting the percentage of lot to be occupied to 65 per cent., the law of this year also provided that if any shaft or court should be of a less area than 25 square feet, it should not be considered as part of the free air space in computing the amount of the lot covered by the building, but should be considered as part of the building itself. In the same act are to be found addi- tional provisions giving increased discretionary powers to the Superintendent of Buildings to make rules and regulations not inconsistent with the requirements of the existing law. These rules and regulations were limited, however, to the arrange- ment and distribution of the uncovered area, the size, light- ing, ventilation and arrangement of shafts, rooms, cellars and halls, and the Superintendent of Buildings was authorized to 1Q modify or change such regulations from time to time. In- 1896, the Brooklyn Building law was amended so as to make the Brooklyn law conform to the law of 1895 for New York, and the power given to the Commissioner of Buildings to permit 75 per cent, of the lot to be covered in certain cases is very clearly stated. The Greater New York Charter continued the provisions of the laws of 1895 without change. This is the present law upon the subject with the fol- lowing supplementary regulations adopted by the Department of Buildings under the authority given them in Section 13 18 of the Charter. These regulations provide that in any tenement- house 80 feet high, on an interior lot 75 per cent, of the lot may be covered; in tenement-houses 90 feet high, 73 per cent, may be covered; in tenement-houses 100 feet high, 71 per cent.; in tenement-houses no feet high, 69 per cent.; in tene- ment-houses 120 feet high, 67 per cent., and in tenement- houses over 120 feet high, 65 per cent., and a similar schedule of decreasing percentages with increasing heights is adopted for tenement-houses on corner lots. As no ordinary tenement- house is permitted to be erected more than 85 feet high, this scale of decreased percentages has very little bearing upon the tenement-house problem and would only apply to fireproof apartment-houses where these percentages of the lots would naturally be voluntarily left unbuilt upon by the architect of the building. (1879) — Chapter 504, Section 1. (Amends Section 13, Chapter 908, Laws of 1867). " No one continuous building shall be built or converted to the pur- poses of a tenement or lodging-house in the city of New York, upon an ordinary city lot, to occupy more than 65 per centum of the said, lot, and in the same proportion if the lot be greater or Jess in size than 25 feet by 100 feet; but this provision shall not apply to corner lots and may be modified in other special cases by a permit from the board of health." (1880) — Chapter 399, Section 1. (Amends Section 13, Chapter 908,. Laws of 1867). — Continued. (1882) — Chapter 410, Section 661.— Continued. 11 (1887) — Chapter 84, Section 10. (Amends Section 661, Consol. Act). " No one continuous building shall be built for or converted to the purposes of a tenement or lodging-house in the city of New York, upon an ordinary city lot, and no existing tenement or lodging-house shall be enlarged or altered or its lot be diminished so that it shall occupy more than sixty-five per centum of the said lot, and in the same pro- portion if the lot be greater or less in size than twenty-§ve feet by one hundred feet; but this provision shall not apply to corner lots, and may be modified in other special cases by a permit from the board of health." (1887) — Chapter 288, Section 1.— Continued. (1891) — Chapter 204, Section 1. Provisions of section lo, chapter 84, of the Laws of 1887 in reference to percentage of lot, continued, but with the following important change: The laws of 1887 after limiting the percentage to 65 per cent, had this clause " But this provision shall not apply to corner lots and may be modified in other special cases by a permit from the board of health." In the amendment of 1891 this clause reads as follows: "But this pro- vision shall not apply to corner lots, and may be modified or changed in special cases as to lodging-houses by a permit from the board of health.'' <1892) — Chapter 238, Section 1. Provisions of Chapter 204 of the Laws of 1891, continued. ' (1892) — Chapter 329, Section 1. " The board of health shall have authority within present provisions of law to make other regulations than the foregoing in special cases as to the proportion of any lot to be covered by any tenement or lodging- house when it shall be satisfied that such regulations will secure equally well the health of the occupants and the public health, provided, how- ever, that in all such cases any modifications made by such regulations shall be in accordance with the conditions of a permit in writing issued by the said board ot health." (Became a law April 19, 1892.) (1895) — Brooklyn — Chapter 539, Section 1. (Amends Section 55, Brooklyn Consol. Act). " No one continuous building shall be built for or converted to the purposes of a tenement or lodging-house in the city of Brooklyn, upon 78 an ordinary city lot, and no existing tenement or lodging-house shall be enlarged or altered or its lot be diminished so that it shall occupy more than seventy per centum of the said lot, and in the same proportion if the lot be greater or less in size than 25 x 100 feet; but in the case of corner lots the building or buildings may, by special permit from the commissioner of buildings, be made to occupy not more than ninety per centuni of the lot." (1895) — Chapter 567, Section 8. (Amends Section 661, Consol. Act). " No one continuous building hereafter constructed shall be built or converted to the purposes of a tenement or lodging-house in the city of New York, upon an ordinary city lot, and no existing tenement or lodging-house shall be enlarged or altered, or its lot be diminished so that it shall occupy more than 65 per centum of the area of said lot, but where the light and ventilation of such tenement or lodging-house are, in the opinion of the superintendent of buildings, materially improved, he may permit such tenement or lodging-house to occupy an area not exceeding 75 per centum of the said lot, and in the same proportion if the lot be greater or less in size than 25x100 feet; but this provision shall not apply to corner lots, in which, however, no such building hereafter constructed, above the first story shall occupy more than 92 per centum of the area of a lot. In computing the amount of the lot covered by a building, any shaft or court of less than 25 square feet in area shall be considered as part of the building and not as part of the free air space." (1895) — Chapter 567, Section 8. (Amends Section 661, Consol. Act). " The superintendent of buildings is hereby empowered and directed to make rules and regulations not inconsistent with the requirements of this title, and which in addition to the requirements of this title shall be the conditions of approval for the plans and permits; these rules and regulations shall govern the arrangement and distribution of the un- covered area, size, lighting, location and arrangement of shafts, rooms, cellars and halls, and may be 'modified or changed from time to time by the superintendent of buildings." (1896) —Brooklyn — Chapter 355, Section 1. (Amends Section 55, Brooklyn Consol. Act). " No one continuous building shall be built for or converted to the purposes of a tenement or lodging-house in the city of Brooklyn, upon an ordinary city lot, and no existing tenement or lodging-house shall be enlarged or altered, or its lot be diminished so that it shall occupy more than 65 per centum of the area of said lot, but when the interior light and ventilation of such tenement or lodging-house are, in the 79 opinion of the commissioner of buildings, adequately provided for, he may permit such tenement or lodging-house to occupy an area not ex- ceeding 75 per centum of the said lot, and in the same proportion if the lot be greater or less in size than 25 by 100 feet. But this provision shall not apply to corner lots, in which, however, no such building hereafter constructed, above the first story, shall occupy more than 92 per centum of the area of said lot above the first story. In computing the amount of the lot covered by a building, any shaft or court of less than 25 square feet in area shall be considered as part of the building and .not as part of the free air space." *(1897) — Chapter 378, Greater New York Charter, Section 1318. Provisions of Chapter 567, Laws of 1895, continued. *(1899) — Regulations of the Department of Buildings. " Section 1318, Greater New York Charter, restricts the occupancy of any tenement or lodging-house on any ordinary city lot to 65 per centum of the area of said lot, when such lot is not a corner lot, and empowers the commissioner of buildings to extend such occupancy to 75 per centum of the area of the aforesaid lot provided the light and ventilation of such tenement or lodging-house are, in the opinion of the commissioner of buildings, materially improved. The same section also provides that no tenement or lodging-house shall occupy more than 92 per centum of the area of a corner lot above the first story. Per- centages of lot area allowed in this provision of the law are as follows: Up to 80 feet in height 75 per cent. Up to 90 feet in height jt, per cent. Up to 100 feet in height 71 per cent. Up to 1 10 feet in height 69 per cent. Up to 120 feet in height 67 per cent. Above 120 feet in height 65 per cent. Percentages of area of corner lots allowed under this provision of law as follows: Up to 80 feet in height 92 per cent. Up to 90 feet in height 90 per cent. Up to 100 feet in height 88 per cent. Up to no feet in height 86 per cent. Up to 120 feet in height 84 per cent. Up to 130 feet in height 82 per cent. Up to 140 feet in height 80 per cent. Up to 150 feet in height 78 per cent. Above 150 feet in height 75 per cent * Indicates the existing law. 80 For buildings greater than 50 feet frontage, the former tables of per- centages will apply to that part which is in excess of 50 feet, and the latter scale for that which is under 50 feet. While the uncovered area cannot be less than the above, it must be greater where required by the further regulations for shafts and fixing distance required at rear." AIE AND LIGHT SHAFTS.— Before 1879, few tenement- houses were constructed containing an air shaft, most of them being buildings four stories high and about 54 to 60 feet in depth. Not being any deeper than this on the lot, the build- ings were only four rooms deep, thus permitting a large front room, getting its light and air from the street and a large rear room, getting its light and air from the yard, which, in most cases, was 40 feet deep by 25 feet wide; the two inner rooms of these four rooms getting their light and air from the front and rear rooms, which, under such circumstances, were able to furnish an ample supply. In a few cases, however, tenement- houses were erected much deeper on the lot, some of them having six and seven rooms in a line instead of four. The first tenement-house law, therefore, contained a provision that in every habitable room of a less size than 100 sc^uare feet in area, unless the room communicated directly with the outer air or unless it was provided with an open fire place, there should be a separate means of ventilating the room; this means to be by a separate air shaft extending to the roof, or in some other way as the Board of Health might direct. This provision applied to old tenement-houses as well as to new ones, and quite a number of small ventilating flues of the size of a chimney flue about 4 inches by 6 inches, were put in many buildings of this kind. This is the only provision in the tenement-house law in reference to air shafts until 1895, no previous law having required air-shafts, nor any ininimum size or width of such shaft having been prescribed. In this year, however, it was provided that any air-shaft or court less than 25 square feet in area should not count as part of the unoccupied space of the lot. And it was further provided that no air shaft in the future should be covered over with a roof or skylight, unless it happened to be less than 10 square feet in size. Similar pro- visions were adopted in an amendment to the general building 81 laws of the City of Brooklyn, enacted in the year following. In addition to these requirements of the law of 1895, the Superintendent of Buildings was given discretionary power to make rules and regulations and to modify the same from time to time as to the size, lighting, location and arrangement of all shafts for light and air. All of these provisions of the law of 1895 ^vere re-enacted in the Greater New York Charter, with the exception that the Superintendent of Buildings, al- though empowered to make such regulations was nd longer given the authority to modify or change them. In this year, for the first time, was a minimum width prescribed for light and air shafts, the width determined on being 28 inches. This is the present law upon this subject with the following sup- plementary requirements adopted by the Department of Build- ings in their regulations. These regulations require that every light and air shaft or court, for habitable rooms, must not be less than 25 square feet in area, up to and including the fifth story of such buildings, and above the fifth story, must be in- creased in area five square feet for every additional story. Also that the width of such shafts above the fifth story must be in- creased four inches for every additional stor)^ It is also pro- vided that where a common shaft or court is located between two tenement-houses on different lots, the shafts must be double the width and area that they would be on a single lot and that such shafts shall, of course, be similarly increased in height above the fifth story. It is further provided that where there are five interior rooms in a line on any floor, the area of the shaft or court lighting and ventilating such rooms, must be fifty per cent, greater than above described, and where there are six interior rooms in a line on any floor, the area of such shaft or court must be at least 100 per cent, greater than the area required above. The following minimum area for light shafts is also estabHshed. Where there are twelve rooms on any floor of a tenement-house erected on aii ordinary interior lot, the shafts and courts lighting and ventilating the interior rooms must have an area equal to 215 square feet, and where there are fourteen rooms on a floor, the area of the shafts and courts must not be less than 265 square feet; and it is further re- quired that these shafts or courts in such cases shall be enlarged 6 82 at their central portions, so as to provide windows at the ends of each set of rooms, where there are front and rear sets of apartments on a floor. In corner buildings, the requirements are, of course, different- In such houses, where there are four families on a floor, and six rooms on the inside portion, the shaft to light and ventilate the interior rooms must have an area equal to 107 and 1-2 square feet; and where there are seven rooms instead of six the area of such shaft must be 132 and 1-2 square feet, and the shafts must also be enlarged at their cen- tral portions to provide end windows for the rooms. (1867) — Ctiapter 908, Section 14. " Every habitable room of a less area than one hundred superficial feet if it does not communicate directly with the external air, and is without an open fireplace, shall be provided with special means of ventilation, by a separate air shaft extending to the roof, or otherwise, as the board of health may prescribe." (1879) — Chapter 504, Section 2.— Continued. (1882)— Chapter 410, Section 662.— Continued. (1888) — Brooklyn — Chapter 583, Section 35. (Brooklyn Consol. Act). Provisions of the Law of 1867, re-enacted. (1895) — Brooklyn — Chapter 539, Section 1. Provisions of Brooklyn Consol. Act, continued. (1895) — Chapter 567, Section 8. (Amends Section 661, Consol. Act). " The superintendent of buildings is hereby empowered and directed to make rules and regulations not inconsistent with the requirements of this title, and which in addition to the requirements of this title shall be the conditions of approval for the plans and permits; these rules and regulations shajl govern the arrangement and distribution of the uncovered area, size, lighting, location and arrangement of shafts, rooms, cellars and halls, and may be modified or changed from time to time by the superintendent of buildings." (1895) — Chapter 567, Section 8. (Amends Section 661, Consol. Act). " In computing the amount of the lot covered by a building, any shaft or court less than twenty-five square feet in area shall be con- 83 sidered as part of the building and not as part of the free air space. No shaft or court hereafter constructed in a tenement-house, except elevator shafts or staircase weljs, except any shaft the area of which does not esxceed ten square feet shall be covered with a roof, skylight or other- wise." (1896) — Brooklyn — Chapter 355, Section 1. (Amends Section 55, Brooklyn Consol. Act). " In computing the amount of the lot covered by a building, any shaft or court of less than twenty-five square feet in area shall be con- sidered as part of the building and not as part of the free air space.'' * (1897) — Chapter 378, Greater New York Charter, Section 1318. Provisions of Section 8, Chapter 567, Laws of 1895, continued, with the exception that the superintendent of buildings no longer is given power to modify or change the regulations from time to time. * (1897) — Chapter 378, Greater New York Charter, Section 1318. " In all cases, both for corner and interior lots, the interior courts or shafts shall not be less than 2 feet 4 inches wide at their narrowest parts. In computing the amount of the Jot covered by a building, any shaft or court of less than 25 square feet in area shall be considered as part of the building and not as part of the free air space." *(1897) — Chapter 378, Greater New York Charter, Section 1319. Pro- visions of Section 14, Chapter 908, of the Laws of 1867, con- tinued. *(1900) — Regulations of the Department of Buildings. Area of shafts and courts "Except ashereinafterotherwise stated, every light and air shaft or court for habitable rooms must be at least twenty-five square feet in area up to and including five stories in height, and be increased five square feet in area for each additional story beyond the fifth, and not less than two feet four inches wide in the clear at every point up to and including five stories in height, and be increased four inches in width for each additional story beyond the fifth. Light or ventilating shafts or courts between two houses, and common to both, must be double this area and not less than four feet eight inches wide up to and including five stories in height and be increased eight inches in width for each additional story beyond the fifth. Where there are five * Indicates the existing law. 8i interior rooms in a line on a floor the area of each shaft or court must be fifty per cent, greater than above described, and where there are six interior rooms in a line on a floor the area of such shaft or court must be at least one hundred per cent, greater than the minimum above stated." Increased, areas of shafts and courts — " Wliere there are twelve rooms on a floor of a tenement-house erected on an ordinary city lot, except a corner lot, the shafts and courts to light and ventilate the interior rooms must have an area equal to two hundred and fifteen square feet, and where there are fourteen rooms on a floor of a similar tenement-house the area of such shafts and courts must not be less than two hundred and sixty-five square feet, and these shafts or courts must be enlarged at their central portion so as to provide windows at the ends of each set of rooms where there are front and rear sets of apart- ments on a floor.'' Shafts in. corner houses — " In every corner house on an ordinary city lot having four families on a floor, and six rooms on the inside portion thereof, the shaft to light and ventilate interior rooms must have an area equal to one hundred and seven and one-half square feet; and where there are seven rooms the area of such shaft must be one hun- dred and thirty-two and one-half square feet, and these shafts must be enlarged at their central portions to provide end windows as above described." Shafts to be free from obstructions — " AH shafts over ten square feet in area must be free and clear from skylights or any other covering or obstruction at the top, and must be of the same area throughout. Tenement-houses not over fotir stories in height, which cover less than sixty-five per cent, of lot area, must have exterior light shafts of not less than fifteen square feet area in each shaft, but not more than two rooms in each apartment may open thereon. Tenement-houses three stories or Jess in height, and which cover less than sixty-five per cent, of lot area, may have shafts not less than ten square feet in area, but not more than two rooms in each apartment may open thereon." VENTILATION, REGULATIONS FOR — POWERS OF BOARD OF HEALTH AND DEPARTMENT OF BUILDINGS.— Since 1867, the Board of Health has had authority to make additional regula- tions as to ventilation of tenement-houses not inconsistent with the existing laws. This, prior to 1892, applied to new tene- ment-houses as well as to old ones. As in 1892, jurisdiction over the light and ventilation of new tenements was taken from the Board of Health and given solely to the Department of Buildings, the building department has since that time had 85 the power to make such regulations, while the Board of Health has retained its powers to make these regulations in reference to existing tenement-houses. (1867) —Chapter 908, Section 18. ^■"Hie Metpopolitan board of health shall have authority to make 'Other regulations as to ventilation consistent with the foregoing where it shall be satisfied that such regulations will secure equally welj the: health of the occupants." '(1882) — Cliapter 410, Section 667.— Continued. (1888) — Brooklyn — Chapter 583, Section 39. (Brooklyn Consol. Act). Provisions of law of 1867 re-enacted. ((1892) — Chapter 339, Section 1. (Amends Section 667, Consol. Act). " The Tioard of health shall have authority, within present provisions of law, to make other regulations than the foregoing in special cases as to light and ventilation in any tenement or lodging-house, when it shall be satisfied that such regulations will secure equally well the health of the occupants and the public health, provided, however, that in all such cases any modifications made by such regulations, shall be in accordance with the conditions of a permit in writing issued by the said bocird of health." <1895) — Chapter 567, Section 8. (Amends Section 661, Consol. Act). " The light and ventilation, for all buildings hereafter erected for or converted to the purposes of tenement or lodging-houses, must be pro- vided in accordance with the requirements of this title and the con- ditions of a plan and permit previously approved in writing by the superintendent of buildings, and no existing tenement or lodging-house shall be enlarged or altered or its lot diminished without a similar permit. The superintendent of buildings is hereby empowered and directed to make rules and regulations not inconsistent with the re- quirements of this title, and which in addition to the requirements of this title shall be the conditions of approval for the plans and permits; these rules and regulations shall govern the arrangement and dis- tribution of the uncovered area, size, lighting, location and arrangement of shafts, rooms, cellars and halls, and may be modified or changed from time to time by the superintendent of buildings." (1895) — Chapter 567, Section 12. (Amends Section 667, Consol. Act). " The superintendent of buildings shall have authority to make other regulations as to light and ventilation of all new tenement or lodging- houses consistent with the foregoing; when he shall be satisfied that 86 ■such regulations wijl secure equally well the health and safety of the occupants; likewise the board of health shall have authority to make other regulations as to cellars and as to ventilation of completed build- ings consistent with the foregoing, where it shall be satisfied that such regulations will secure equally well the health of the occupants.'' * (1897) — Chapter 378, Greater New York Charter, Section 1318. Provisions of Section 8, Chapter 567, of the Laws of 1895 continued, with the following changes: Wherever the words "superintendent of buildings" occur, substitute "department of buildings;" also the fol- lowing sentence at the end has been omitted " and may be modified or changed from time to time by the superintendent of buildings.'' * (1897) — Chapter 378, Greater New York Charter, Section 1323. Provisions of Section 12, Chapter 567, of the Laws of 1895 continued. *(1900) — Sanitary Code of the Department of Health, Section 21. "No person shall hereafter erect, or cause to be erected, or converted to a new purpose by alteration any building or structure, or change the construction of any part of any building by addition or otherwise, so that it, or any part thereof, shall be inadequate or defective in respect to strength, ventilation, light, sewerage, or of any other usual, proper or necessary provision or precaution for the security of life and health; nor shall the builder, lessee, tenant, or occupant of any such, or of any other building or structure, cause or allow any matter or thing to be or to be done in or about any such building or structure dangerous or prejudicial to life or health.'' *(1900)— Sanitary Code of the Department of Health, Section 22. " That no owner or lessee of any building or any part thereof, shall lease or let, or hire out the same or any portion thereof, to be occupied by any person, or allow the same to be occupied, as a place in which or for any one, to dwell or lodge, except when said buildings or such parts thereof are sufficiently lighted, ventilated, provided and accom- modated, and are in all respects in that condition of cleanliness and -wholesomeness for which this code or any law of this State provides, •or in which they or either of them require any such premises to be kept." HOOMS, VENTILATION AND LIGHTING OF.— The first pro- visions of any kind upon this subject are to be found in the Tenement-House Act of 1867. Here it is provided that in * Indicates the existing law. 87 every building used as a tenement house, every room which is used as a sleeping room and which does not communicate directly with the external air, shall have a window or transom not less in size than 3 square feet, over the door which connects with an adjoining room; provided, that the adjoining room itself communicates with the external air; and, in addi- tion, this inner room shall also have a transom or window not less than 3 square feet in size, leading into an entry or hall ■of the house; or where this was not practicable from the situa- tion of the rooms, then there was to be a window or transom leading from this inner room in question into some adjoining room, which communicated with the hall of the house. This applied, of course, to all tenement-houses; to those already existing as well as to those newly erected. In the same year it was provided that in every new tenement-house or in every building thereafter altered to be used as a tenement-house, every habitable room should have at least one window con- necting with the external air, or if this were not done, then the room should have o^•er the door a ventilator of perfect con- struction connecting it with another room, or with the hall, which should have a connection with the external air, and this ventilator was to be so arranged as to produce a cross cur- rent of air. In 1879, twelve years later, these provisions of the first tene- ment-house law were re-enacted with the following additional requirement, that in all tenement-houses, every room used for sleeping should have at least one window with a movable sash, not less in size than 12 square feet, admitting light and air from the public street or the yard of the said house. This was a most important improvement and would have been of unquestionable value were it not for the fact that a clause was added giving discretionary power to the Board of Health to permit other means of lighting and ventilating such rooms. No change in any of these provisions was made until 1895, when this discretionary power was taken away from the Board of Health, the amended tenement-house law of that year re- quiring that in all tenement-houses thereafter constructed or in any way converted to the purposes of a tenement-house, each room should have a window opening into the outer air. This law, however, did not define what constituted the " outer air; " it is questionable whether an air shaft en- closed on all four sides and only 28 inches wide and 60 feet high can be considered really to be " outer air." In the same year the Superintendent of Buildings was given additional powers to make rules and regulations governing the size, lighting, location and arrangement of rooms, and was authorized to modify or change such regulations from time to time. The Greater New York Charter continued all the provisions of the law of 1895, requiring that every habitable room in all new tenement-houses should have a separate window opening into the outer air, and also contained a provision of the old law that was directly in conflict with this require- ment, stating that every habitable room should have at least one window connecting with the external air, or, if it did not have this, a ventilator connecting the room with another room or hall which should be connected with the outer air. These provisions of the Charter are the present law upon this subject. In addition there is a regulation of the Depart- ment of Buildings to the effect that every habitable room, except those opening on the main halls, must have a transom so arranged as to produce cross ventilation. (1867) — Chapter 908, Section 2. " Every house, building, or portion thereof, in the cities of New York and Brooklyn, designed to be used, occupied, leased, or rented, or which is used, occupied, leased, or rented for a tenement or lodging-house, shall have in every room which is occupied as a sleeping-room, and which does not communicate directly with the external air, a ventilating or transom window, having an opening or area of three square feet, over the door leading into and connected with the adjoining room, if such adjoining room communicates directly with the external air, and also a ventilating or transom window of the same opening or area, communicating with the entry or hall of the house, or where this is, from the relative situation of the rooms, impracticable, such last-men- tioned ventilating or transom window shall communicate with an ad- joining room that itself communicates with the entry or hall." (1867) —Chapter 908, Section 14. " Every habitable room in every tenement and lodging-house here- after erected or converted shall have at least one window connecting with the external air or over the door a ventilator of perfect construction connecting it with a room or hall which has a connection with the external air, and so arranged as to produce a cross current of air." 89 (1879) — Chapter 504, Section 2. (Amends Section 14, Chapter 908, Laws of 1867). " In every tenement or lodging-house hereafter erected or converted every habitable room shall have at least one window connecting with the external air, or over the door a ventilator of perfect construction connecting it with a room or hall which has a connection with the external air, and so arranged as to produce a cross current of air. The full area of window or windows in every room communicating with the external air shall be at least one-tenth of the superficial area of every such room; and the top of one, at least, of such windows shall not be less than seven feet and six inches above the floor, and the upper half at least shall be made so as to open the full width. Every habitable room of a less area than one hundred superficial feet, if it does not communicate directly with the external air, and is without an open fire- place, shall be provided with special means of ventilation, by a separate air shaft extending to the roof, or otherwise as the board of health may prescribe. But in all houses hereafter erected or converted in the city of New York, which shall be used, occupied, leased or rented for a tenement or lodging-house, every room used, let or occupied by any person or persons for sleeping shall have at least one window with a movable sash having an opening of not less than twelve square feet, admitting light and air directly from the public street or the yard of the said house, unless sufficient light and ventilation shall be otherwise provided, in a manner and upon a plan approved by the board of health." (1883) — ■ Chapter 410, Section 650. Provisions of Section 2, Chapter 908, Laws of 1867, continued. (1882) — Chapter 410, Section 662. Section 2 of Chapter 908 of the Laws of 1867, as amended by Section 2, Chapter 504 of the Laws of 1879, continued. (1888) — Brooklyn — Chapter 583, Sections 25 and 35. (Brooklyn Consol. Act). Provisions of law of 1867 re-enacted. (1895) — Brooklyn — Chapter 539, Section 1. (Amends Section 46, Brooklyn Consol. Act). Provisions of Section 2, Chapter 908, Laws of 1867, re-enacted as follows: " Every house, building or portion thereof, in the city of Brooklyn, designed to be used, occupied, leased or rented, or which is used, occupied, leased or rented for a tenement or lodging-house, shall have in every' room which is occupied as a sleeping-room, and which does not communicate directly with the external air, a ventilating or transom window, having an opening or area of 3 square feet, over the door leading into and connected with the adjoining room, if such adjommg room communicates with the external air, and also a ventilating or 90 transom window of the same opening or area, communicating with the entry or hall of the house; or where this is, from the relative situation of the rooms, impracticable, such last-mentioned ventilating or transom window shall communicate with an adjoining room that itself com- municates with the entry or hall." (1895) — Brooklyn — Chapter 539, Section 1. (Amends Section 56, Brooklyn Consol. Act). " In all houses erected or converted after June first, i8gs. which shall be used, occupied, leased or rented for a tenement or lodging-house, every room used, let or occupied by any person or persons for sleeping shall have at least one window, with a movable sash having an opening of not less than twelve square feet, admitting light and air directly from the public street or the yard of the said house, unless sufficient light and ventilation shall be otherwise provided, in a manner and upon a plan approved by the department of buildings." (1895) — Brooklyn — Chapter 539, Section 1. (Amends Section 56, BrooklyTi Consol. Act). Provisions of Section 14, Chapter 908, Laws of 1867, continued. (1895) — Chapter 567, Section 8. (Amends Section 661, Consol. Act). " In all tenement-houses hereafter constructed and buildings here- after converted to the purposes of a tenement-house each room must have a separate window opening into the outer air." (1895) — Chapter 567, Section 8. (Amends Section 661, Consol. Act). " The superintendent of buildings is hereby empowered and directed to make rules and regulations not inconsistent with the requirements of this title, and which in addition to the requirements of this title shall be the conditions of approval for the plans and permits; these rules and regulations shall govern the arrangement and distribution of the uncovered area, size, lighting, location and arrangement of shafts, rooms, cellars and halls, and may be modified or changed from time to time by the superintendent of buildings." *(1897) — Chapter 378, Greater New York Charter. Section 1307. " Every house, building, or portion thereof in the city designed to be used, occupied, leased or rented, or which is used, occupied, leased or rented for a tenement or Jodging-house, shall have in every room which is occupied as a sleeping-room and which does not communicate directly with the external air, a ventilating or transom window having an opening or area of three square feet, over the door leading into and " Indicates the existing law. 91 connecting with the adjoining room, if such adjoining room com- municates with tlie external air, and also a ventilating or transom window of the same opening or area communicating with the entry or "hall of the house, or where this is, from the relative situation of the rooms, impracticable, such last-mentioned ventilating or transom window shall communicate with an adjoining room that itself communicates with the entry or hall." * (1897) — Chapter 378, Greater New York Charter, Section 1318. Pro- visions of Section 8, Chapter 567 of the Laws of 1895, con- tinued. * (1897) — Chapter 378, Greater New York Charter, Section 1319. " Every habitable room shall have at least one window connecting with the external air, or over the door a ventilator of perfect con- struction, connecting it with a room or hall which has a connection with the external air and so arranged as to produce a cross current of air. The total area of window or windows in every room communicat- ing with the external air shall be at least one-tenth of the superficial area of every such room; and the top of one, at least, of such windows shall not be less than 7 feet 6 inches above the floor, and the upper half, at least, shall be made so as to open the full width." *(1900) — Regulations of the Department of Buildings. " Every habitable room except those opening on the main halls must have a ventilating or transom window so arranged as to produce a cross current of air." *(1900) — Sanitary Code of the Department of Health, Section 23. " No person having the right and power to prevent the same shall knowingly cause or permit any person to sleep or remain in any cellar, or in any bathroom or in any room where there is a water-closet, or in any place dangerous or prejudicial to life or health, by reason of a want of ventilation or drainage, or by reason of the presence of any poisonous, noxious, or offensive substance, or otherwise." WINDOWS IN HABITABLE ROOMS, SIZE OE.— The law of 1867, in addition to providing in detail the way in which liv- ing rooms should be ventilated, also prescribed what should be the minimum size of all windows, and what should be the minimum area of windows in every habitable room. This minimum area was to be at least one-tenth of the superficial area * Indicates the existing law. 92 of the whole room, and the windows were to be so constructed that the top of one of them at least should not be less than 7 and 1-2 feet above the floor and the upper half of the window was to be so arranged that it would readily open the full width. This has been the law upon the subject, without change, from 1867 to 1897, and is the present law. There is, however, a supplementaiy requirement of the Building Department to the effect that no window in any living room in any new tene- ment-house shall be less than 12 square feet in area, the measurements to be taken between the stop-beads. (1867) — Chapter 908, Section 14. " The total area of window or windows in every room communicating with the external air shall be at least one-tenth of the superficial area of every such room; and the top of one at least, of such windows shall not be less than 7 feet and 6 inches above the floor, and the upper half, at least, shall be made so as to open the full width." (1879) — Chapter 504, Section 2. — Continued. (1882) — Chapter 410, Section 662. — Continued. (1888) — Brooklyn — Chapter 583, Section 35. (Brooklyn Consol. Act). Provisions of Law of 1867, re-enacted. (1895) — Brooklyn — Chapter 539, Section 1. (Amends Section 56, Brooklyn Consol. Act). — Continued. *(1897) — Chapter 378, Greater New York Charter, Section 1319. — Continued. *(1900) — Regulations of the Department of Buildings. "The windows in every habitable room of every tenement house hereafter erected or altered must be at least 12 square feet area for living rooms, measured between the stop-beads. Said windows must be so constructed so as to be readily opened." ROOMS, SIZE OF.— It is singular that there has been no provision of any kind upon this subject in any of the tenement laws adopted in this state. The only requirement is the regu- * Indicates the existing law. 93 lation of the Department of Buildings that no habitable room shall have an air space of less than 600 cubic feet, although the Sanitary Code of the Board of Health has for a number of years required that there should be 400 cubic feet of air space for every adult. ROOMS, ALCOVE ROOMS.— It has not been thought neces- sary in the law to distinguish alcove rooms from other rooms. A regulation of the Building Department, however, requires that alcove rooms must conform to the requirements of other rooms. *(1900) — Regulations of Department of Buildings. " No habitable room shall have a smaller air space than 600 cubic feet." *(1900) — Regulations of Department of Buildings. " Alcove rooms must conform to all the requirements of ordinary rooms." ROOMS, HEIGHT OE.— The very first tenement-house law prescribed a minimum of 8 feet for all habitable rooms, ex- cepting rooms in the attic, which were required to be 8 feet in height throughout not less than one-half their area. These requirements have been the law upon this subject from 1867 to the present time. In addition to the provisions of the Charter to this effect, there is a supplementary provision con- tained in the regulations of the Building Department, to the efifect that the finished height of all rooms must be 9 feet 4 inches, and that the height of ceilings for living rooms in cellars and basements must be at least 8 feet. From 1867 to 1874, the Superintendent of Buildings was given the power to determine the height of ceilings. In 1874, however, this power was taken away. (1867)— Chapter 908, Section 14. " In every tenement and lodging-house hereafter erected or con- verted every habitable room, except rooms in the attic, shall be in every part not less than eight feet in height from the floor to the ceiling." 94 (1879) — Chapter 504, Section 2. (Amends Section 14, Chapter 908, Laws of 1867).— Continued. (1882) — Chapter 410, Section 662.— Continued. (1888) — Brooklyn — Chapter 583, Section 35. (Brooklyn ConsoL Act). Provisions of law of 1867 re-enacted. (1895) — Brooklyn — Chapter 539, Section 1. (Amends Section 56, Brooklyn Consol. Act). — Continued. * (1897) — Chapter 378, Greater New York Charter, Section 1319. " In every such house hereafter erected or converted every habitable room, except rooms in the attic, shall be in every part not Jess than 8 feet in height from the floor to the ceiling." *(1900) — Regulations of the Department of Buildings. " The height of ceilings when finished for living rooms in cellars or basements must be eight feet; on all other floors g feet 4 inches." BOOMS IN ATTIC. (1867) — Chapter 908, Section 14. " Every habitable room in the attic of any tenement and lodging- house hereafter erected or converted shall be at least eight feet in height from the floor to the ceiling, throughout not less than one-haji the area of such room." (1879) — Chapter 504, Section 2. (Amends Section 14, Chapter 908, Laws of 1867). — Continued. (1882) — Chapter 410, Section 662.— Continued. (1888) — Brooklyn — Chapter 583, Section 35. (Brooklyn Consol. Act). Provisions of Law of 1867, re-enacted. (1895) — Brooklyn — Chapter 539, Section 1. (Provisions of Section 56 of Brooklyn Consol. Act, continued). * (1897) — Chapter 378, Greater New York Charter, Section 1319. " Every habitable room in the attic of any such building shall be at least 8 feet in height from the floor to the ceiling, throughout not less- than one-half the area of such room." * Indicates the existing law. 95 (1867) — Chapter 939, Section 10. In all tenement-houses that shall hereafter be erected in said city the Superintendent of Buildings shall have power in determining the height of ceilings, which shall not be less than 8 feet. C1868) — Chapter 634, Section 3.— Continued. (1871) — Chapter 625, Section 28.— Continued; clause " -which shall not be less than 8 feet " stricken out. (1874) — Chapter 547, Section 7.— Repealed. ROOMS, VENTILATION OF — CHIMNEYS TO BE PROVIDED.— The first Tenement Act, passed in 1867, required that in every new tenement-house there should be adequate chimneys run- ning through every floor with an open fireplace or grate or place for a stove, properly connected with the chimney for each set of apartments. This has remained the law since that time and is the law at the present day. (1867) — Chapter 908, Section 15. " Every tenement and lodging-house hereafter erected or converted, shall have adequate chimneys running through every floor, with an open fireplace or grate, or place for a stove, properly connected with one of said chimneys, for every family and set of apartments." (1882) — Chapter 410, Section 663. — Continued. (1887) — Chapter 84, Section 11. — Continued. (1888) — Brooklyn — Chapter 583, Section 36. (Brooklyn Consol. Act). Provisions of law of 1867 re-enacted. (1890) — Chapter 486, Section. 1. — Continued. (1891) — Chapter 39, Section 1. — Continued. 96 < 1 895) — Brooklyn — Chapter 539, Section 1. (Amends Section 57, Brooklyn Consol. Act). Provisions of law of 1867 continued with the exception that these provisions only apply to houses erected or converted after June ist. 1895. instead of to tenement-houses erected or converted after 1867. (1895) — Chapter 567, Section 9. (Amends Section 663, Consol. Act). — Continued. * (1897) — Chapter 378, Greater New York Charter, Section 1320. " Every such house erected after May 14th, 1867, or converted, shajl have an adequate chimney for a stove, properly connected with one of said chimneys for every family set of apartments.'' HALIS, LIGHTING AND VENTILATION OF.— The evils of the •dark, unventilated hallways have been recognized very clearly for over 30 years, and the first law enacted in reference to tenement-houses sought to remedy these evils. The law pro- vided that the halls on each floor of every tenement-house thereafter erected should open directly to the external air with suitable windows, and should have no room or other obstruction at the end. A clause, however, was added at the end of the law to the effect that this must be done "' unless suf^cient light or ventilation was otherwise provided for in said halls in a manner approved b)^ the Board of Health." This has remained the law from 1867 to the present time and is the law at the present day. In addition to this requirement a further provision was added in 1887 to the effect that if a tenement-house was oc- cupied by more than two families on a floor and the halls did not open directly to the external air with suitable windows, without a room or other obstruction at the end, it should not be used, occupied, leased or rented. This law has been continued since 1887 and is the present law upon this subject, and is to be found in the Greater New York Charter, in Section 1304. In addition to these provisions, in 1895, the Superintendent of Buildings was given power to make further rules and regula- tions not inconsistent with existing laws; these rules and regula- tions to govern the size, lighting, location and arrangement of halls; and he was authorized to change or modify such regulations from time to time. In the same year an important * Indicates the existing law. 97 amendment was added to the law upon this subject, requiring that in all tenement-houses, whether old or new, where there was no window in the hallway opening on the outer air, a light should be kept burning by the owner or lessee of the house, in the hallway of every floor between the hours of 8 a. m. and lo p. m., unless the hahway should be otherwise sufficiently lighted. It was also added that in every tenement-house in the city, the owner or lessee should keep a Hght burning in the hallway upon every floor at night, from sunset until lo p. m. These additional provisions of the law of 1895 have been re- enacted in the Charter and are the present, law upon the sub- ject, with the further supplementary regulations of the Depart- ment of Buildings providing that the main hallway in all new tenement-houses must be lighted and ventilated by a skylight provided with louvres or with a ridge ventilator; and, that where there are no windows to the outer air, or fanlights or partition windows to afford sufficient light to the halls, the stairwell (the open space between the stairs and the corridor or hall), shall be 9 inches wide, in buildings not over three stories high, and 12 inches wide in buildings over three stories; also pri- vate halls were to be lighted by fanlights or partition windows. In addition to these provisions as tO' the lighting and ventila- tion of halls, there has been a provision since 1867 requiring that in every building used as a tenement-house there shall be in the roof at the top of the hall an adequate and proper venti- lator of a form to be approved by the city officials charged with the enforcement of the building and health laws. (1867) — Chapter 908, Section 15. " The halls on each floor shall open directly to the external air with suitable windows, and shall have no room or other obstruction at the end, unless sufficient light or ventilation is otherwise provided for said halls, in a manner approved by the ]\d:etropolitan Board of Health." <1882) — Chapter 410, Section 663. — Continued. (1887) — Chapter 84, Section 5. (Amends Section 649, Consol. Act). " No house, building, or portion thereof in the city of New York, shall be used, occupied, leased or rented for a tenement or lodging- house unless the same conforms in its construction and appurtenances to the requirements of this title; and if occupied by more than one 98 family on a floor, and if the halls do not open directly to the external air, with suitable windows, without a room or other obstruction at the end, it shall not be used, occupied, leased or rented, unless sufficient light and ventilation is otherwise provided for in said halls." (1887) — Chapter 84, Section 11. (Amends Section 663, Consol. Act). " Every tenement house erected after May 7th, 1887, or converted shall have the halls on each floor open directly to the external air, with suitable windows, and shall have no room or other obstruction at the end, unless sufficient light or ventilation is otherwise provided for in said halls in a manner approved by the board of health." (1888) — Brooklyn — Chapter 583, Section 36. (Brooklyn Consol. Act). Provisions of law of 1867 re-enacted. (1890) — Chapter 486, Section 1. Provisions of Chapter 84, Section 11, of the Laws of 1887, continued. (1891) — Chapter 39, Section 1. — Continued. (1895) — Brooklyn — Chapter 539, Section 1. Provisions of Consol. Act, continued. # (1895) — Chapter 567, Section 8. (Amends Section 661, Consol. Act). " The superintendent of buildings is hereby empowered and directed to make rules and regulations not inconsistent with the requirements of this title, and which in addition to the requirements of this title shall be the conditions of approval for the plans and permits; these rules and regulations shall govern the arrangement and distribution of the uncovered area, size, lighting, location and arrangement of shafts, rooms, cellars and halls, and may be modified or changed from time to time by the superintendent of buildings." (1895) — Chapter 567, Section 9. (Amends Section 663, Consol. Act). Provisions of section 11, chapter 84, of the Laws of 1887, continued, with the change: Substitute for the words "board of health" at the end, the words " superintendent of buildings." Also, the following additional section is added: "The owner or lessee of every tenement or lodging-house in the city of New York shajl keep a light burning in the hallway upon each floor of said house from sunset until ui P. M. throughout the year. In every tenement-house in the said city in which there is a hallway or hallways with no window opening from such hallway outside of said house, a light shall be maintained by said owner or lessee in each such hallway between the hours of 8 A. M. and 10 P. M. of each day unless said hallways shall be otherwise sufficiently lighted. The fire department of the city of New 1 'ork is 99 hereby vested with authority to prescribe reasonable regulations con- cerning such precautions as may be necessary to prevent danger from fire arising from such lights." *(1897) — Chapter 378, Greater New York Charter, Section 1304. Provisions of section 5, chapter 84, of the Laws of 1887, continued, but somewhat changed in form, amended as follows: "If occupied by more than one family on a floor; and if the halls do not open directly to the external air, with suitable windows, without a room or other obstruction at the end, it shall not be used, occupied, leased or rented, unless sufBcient light and ventilation is otherwise provided for in said halls, approved so far as relates to construction by the department of buildings, and if the building be completed, approved so far as relates to health and sanitary conditions, by the board of health." *(1897) — Chapter 378, Greater New York Charter, Section 1320. Pro- visions of Section 9, Chapter 567, of the Laws of 1895, con- tinued. * (1897) — Chapter 378, Greater New York Charter, Section 1318. Provisions of section 8, chapter 567, of the Laws of 1895, continued, except that the words " department of buildings " are substituted for the words "superintendent of buildings;" and that the superintendent of buildings is no longer empowered to modify such regulations from time to time. *(1900) — Regulations of the Department of Buildings. "The main hall must be lighted and ventilated by a skylight provided with louvres or ridge ventilator. Where there are no windows to the outer air, fanlights or partition windows to afford sufficient light to the halls, the stairwell must be 9 inches wide for buildings three stories or less, and 12 inches for buildings more than three stories in height. Private halls must be lighted by fanlights, sash doors or partition windows." (1867) — Chapter 908, Section 2. " Every house, building, or portion thereof in the cities of New York and Brooklyn, designed to be used, occupied, leased or rented, or which is used, occupied, leased or rented for a tenement or lodging- house, shall have in the roof at the top of the hall, an adequate and proper ventilator, of a form approved in New York by the inspector of buildings, and in Brooklyn by the assistant sanitary superintendent of the Metropolitan board of health." (1882) — Chapter 410, Section 650. — Continued. * Indicates the existing law. 100 (1888) — Brooklyn — Ciiapter 583, Section 25.— Continued. <1895) — Brooklyn — Chapter 539, Section 1. Above provisions con- tinued. (1895) — Chapter 567, Section 8. (Amends Section 661, Consol. Act). " The superintendent of buildings is hereby empowered and directed to make rules and regulations not inconsistent with the requirements of this title, and which in addition to the requirements of this title shall be the conditions of approval for the plans and permits; these rules and regulations shall govern the arrangement and distribu- tion of the uncovered area, size, lighting, location and arrangement of shafts, rooms, cellars and halls, and may be modified or changed from time to time by the superintendent of buildings." *(1897) — Chapter 378, Greater New York Charter, Section 1307. " Every such house or building shall have in the roof, at the top of the hall, an adequate and proper ventilator of a form approved by the department of buildings." HEIGHT OF TENEMENT-HOUSES, LIMITATION OE.— The in- creasing number of tall tenement-houses that have been erected in recent years have shut off a very large portion of the light and air available for the rooms. No attempt, however, was made to limit the height of tenement-houses from this point of view until 1885, when it was required that the height of all dwelling-houses for more than one family thereafter erected, should be regulated in proportion to the width of the streets and avenues upon which they fronted. This height was not to exceed 70 feet, where the streets and avenues were not more than 60 feet wide, and was limited to 80 feet where the streets and avenues were over 60 feet in width. In 1897, a further requirement upon this subject was enacted, applying only to fireproof apartment-houses, and also only where there were one or more power passenger elevators used in the building. The height of buildings of this kind was by this act regulated in proportion to the width of the widest street or avenue upon which they fronted; where the street or avenue was over 79 feet wide, then the buildings could be erected to a height as •great as 150 feet; where the streets or avenues were less than * Indicates the e.xisting law. 101 8o feet, such buildings were limited to loo feet in height. The only other provision upon this subject is to be found in the Building Code, a local ordinance, adopted in 1899. This pro- vides that tenement-houses may be erected to a height of 150 feet if fireproof and if situated upon a street over 79 feet wide, and where such buildings are situated on streets 80 feet or less in width, then the height is limited to 125 feet. (1885) — Chapter 454. " The height of all dwelling-houses used or intended to be used as dwellings for more than one family, and hereafter to be erected in the city of New York, shall be regulated in proportion to the width of the streets and avenues upon which they front. Such height measured from the sidewalk line and taken in all cases through the centre of the facade of the house to be erected, including attics, cornices and mansards shall not exceed 70 feet upon all streets and avenues not exceeding 60 feet in width, and 80 feet upon alj streets and avenues exceeding 60 feet in width." (1897) — Chapter 321. " The height of all fireproof dwelling-houses and of all fireproof houses containing one or more power passenger elevators used or intended to be used as dwellings for more than one family now or hereafter constructed or completed, shall be regulated in proportion to the width of the widest street and avenue upon which they abut, and such height measured from the sidewalk Jine and taken in all cases through the centre of the fagade of the house to be erected, in- cluding attics, cornices and mansards, shall not exceed 150 feet upon all streets and avenues exceeding 79 feet in width, and 100 feet upon all streets and avenues not exceeding 79 feet in width. All buildings mentioned in the first section of this act, provided the same have a frontage exceeding 45 feet and exceeding 137 feet in height, shall have two separate fireproof stairways leading from the ground floo'r to the roof, one of which shall be remote from elevator shafts." *(1899) — The Building Code — (An ordinance adopted December 20, 1899). Section 53. " Fireproof apartment-houses or tenement-houses, if constructed entirely in accordance with the requirements of section 105 of this Code, for fireproof construction may be erected to a height not to exceed 150 feet, but not more than 12 stories in height upon all streets and avenues' exceeding 79 feet in width, and 125 feet, but not more than 10 stories in height upon all streets and avenues not exceeding 79 feet in width, but any such building when exceeding 100 feet in * Indicates the existing law. 102 height shall be not less than 40 feet in width. If any such building shall have a frontage exceeding 40 feet, and exceeds 85 feet in height, it shall have at least two separate fireproof stairways accessible from each apartment, leading from the ground floor to the roof, one of which shall be remote from elevator shafts.'' SANITARY OR HEALTH PROVISIONS. CELLARS AND BASEMENTS— CONDITIONS OF OCCUPANCY.— The greatest evil existing in tenement-houses when the first tenement-house law was enacted in 1867, was the occupancy of cellars for living purposes. Most of these cellars were totally unfit for habitation, they were dark, located beneath the side- walk in many cases, were generally damp and often flooded with water. The first tenement-house law^ therefore, naturally set down in very great detail the conditions under which cel- lars or basement rooms might be occupied for living purposes. In the first place, it was provided that no cellar not pre- viously occupied as a dwelling should be thereafter occupied for such purpose without a permit from the board of health; and also no cellar of any kind was to be occupied as a dwelling without a permit from the health department, unless all of the following conditions were complied with: — 1. All rooms had to be at least 7 feet high in every part. 2. The ceiling of every such room had to be at least i foot higher than the surface of the street or ground adjoining. 3. There was required to be outside of and adjoining the room an open space extending along its entire front; such space was to be not less than 2 feet 6 inches wide in every part ; the bottom of it was to be 6 inches below the level of the floor of the room; and the space was to be well and efifectually drained by a drain, the top of which should be at least i foot below the level of the floor of the room. 4. There was required to be a clear air space of at least 1 foot below the floor of the room except where the floor was cemented. 5. There was required to be appurtenant to this room the use of a water-closet or privy kept and provided as required in other sections of the act. 103 * 5. The room was required to have a window opening on the outer air of at least 9 feet square in size, clear of the sash frame; this window was to have a glazed sash, at least 4 and 1-2 square feet of which was to be made so as to open for purposes of ventilation. But where there was an inner room which was part of the set of apartments containing the front room, it was deemed a sufficient compliance with the provisions of the stat- ute, if the back or inner room was connected with the front room by a door, and also by a proper ventilating or transom window; and also, where it was practicable, connected by a proper ventilating or transom window with some hall or pas- sage communicating with the outer air. 7. It was also required that in the area adjoining the room, there should be steps necessary for access to the cellar; but these steps were not to be so placed as to be across or opposite the windows; and there was to be between every part of the steps and the external wall of the room a clear space of at least 6 inches; also the rise of the steps was to be open; it was also permitted to place other steps over the area in front of the room, if these steps were not so placed as to be across or op- posite the windows. It was further provided in this law that after July i, 1868, no cellar or underground room should be used as a place of sleeping without a written permit from the board of health. This has remained the law upon this subject until 1897, and it is practically the law at the present time. An important change, however, was made in this law in 1895, when the cellar ceilings of living rooms were required to be 2 feet above the level of the adjoining ground instead of i foot. This is also one of the provisions of the sanitary code of the health de- partment. The present law upon this subject is the law of 1867, with this change, and with a further supplementary regu- lation of the building department that the height of ceilings in cellars or basement living rooms shall be at least 8 feet- (1867) — Chapter 908, Section 6. " From and after the ist day of July, 1867, it shall not be lawful, without a permit from the Metropolitan Board of Health, to let, or occupy, or suffer to be occupied separately as a dwelling, any vault, cellar, or underground room built or rebuilt after said date or which 104 shall not have been so let or occupied before said date. And from and after July i, 1867, it shall not be lawful without such permit to Jet or continue to be let, or to occupy, or to suffer to be occupied separately as a dwelling any vault, cellar, or underground room what- soever, unless the same be in every part thereof at least seven feet in height, measured from the floor to the ceiling thereof, nor unless the same be for at least one foot of its height above the surface of the street or ground adjoining or nearest to the same, nor unless there be outside of and adjoining the said vault, cellar, or room, and extending along the entire frontage thereof, and upwards from six inches bejow the level of the floor thereof, up to the surface of the said street or ground an open space of at least two feet and six inches wide in every part, nor unless the same be well and effectually drained by means of a drain, the uppermost part of which is one foot, at least, below the level of the floor of such vault, cellar, or room, nor unless there is a clear space of not less than one foot below the level of the floor, except where the same is cemented, nor unless there be appurtenant to such vault, cellar or room, the use of a water-closet or privy kept and provided as in this act required; nor unless the same have an external window opening of at least nine superficial feet clear of the sash frame, in which window opening there shall be fitted a frame filled in with glazed sashes, at least four and a half superficial feet of which shall be made so as to open for the purpose of ventilation. Provided, however, that in the case of an inner or back vault, cellar, or room, let or occupied along with a front vault, cellar, or room, as part of the same letting or occupation, it shall be a sufficient compliance with the provisions of this act if the front room is provided with a window as hereinbefore provided, and if the said back vault, cellar, or room, is connected with the said front vault, cellar, or room by a door, and also by a proper ventilating or transom window, and, where practicable, also connected by a properventilating or transom window, or by some hall or passage communicating with the external air. Provided always that in any area adjoining a vault, cellar, or underground room there may be steps necessary for access to such vault, cellar, or room, if the same be so placed as not to be over, across or opposite to the said external window, and so as to allow between every part of such steps and the external wall of such vault, cellar, or room, a clear space of six inches at least, and if the rise of said steps is open; and provided further that over or across any such area there may be steps necessary for access to any building above the vault, cellar, or room to which such area adjoins if the same be so placed as not to be over, across or opposite to any such external window." (1867) — Chapter 908, Section 7. " From and after the ist day of July, 1868, no vault, cellar, or underground room shall be so occupied as a place of lodging or 105 sleeping, except the same shall be approved in writing, and a permit given therefor by the Metropolitan board of health." (1882) — Chapter 410, Sections 654, 655.— Continued. (1888) — Brooklyn — Chapter 583, Sections 28 and 39. (Brooklyn Consol. Act). Provisions of law of 1867 re-enacted. (1895) — Chapter 567, Section 4. (Amends Section 654, Consol. Act). " It shall not be lawful without a permit from the superintendent of buildings to construct, during the erection of a tenement or lodging- house, nor after the completion of such tenement or lodging-house, any room or rooms in any basement or cellar to be occupied wholly or in part as a dwelling, nor shall it be lawful without a permit from the board of health to let or occupy, or suffer to be occupied separately as a dwelling, any vault, cellar or underground room built or rebuilt after July i, 1867, or which shall not have been so let or occupied before said date. It shall not be lawful, without such permit, to let or continue to be let, or to occupy or suffer to be occupied separately as a dwelling, any vault, cellar, basement, or room wholly or in part un- derground, unless the same be in every part thereof at least seven feet in height, measured from the floor to the ceiling thereof, nor unless the same be for at least two feet of its height above the surface of the street or ground adjoining or nearest to the same, nor unless there be outside of and adjoining the said vault, cellar, room, or basement, and extending along the entire frontage thereof, and upwards from six inches below the level of the floor thereof, up to the surface of the said street or ground an open space of at least two feet and six inches wide in every part, nor unless the same be well and effectually drained by means of a drain, the uppermost part of which is one foot at least below the level of the floor of such vault, cellar, or room, nor unless there is a clear space of not less than one foot below the level of the floor, except where the same is cemented, nor unless there be appur- tenant to such vault, cellar, or room, the use of a water-closet or privy kept and provided as in this title required; nor unless the same have an external window opening of at least nine superficial feet clear of the sash frame, in which window opening there shall be fitted a frame filled in with glazed sashes, at least 4j4 superficial feet of which shall be made so as to open for the purpose of ventilation. Provided, how- ever, that in the case of an inner or back vault, cellar, or room, let or occupied along with a front vault, cellar or room, as part of the same letting or occupation, it shall be a sufficient compliance with the provisions of this section if the front room is provided with a window as hereinbefore provided, and if the said back vault, cellar or room is connected with the front vault, cellar or room, by a door, and also by a proper ventilating or transom window, and, where practicable, also connected by a proper ventilating or transom window, or by some 106 hall or passage communicating with the external air. Provided always that in any area adjoining a vault, cellar or underground room or basement, there may be steps necessary for access to such vault, cellar or room, if the same be so placed as not to be over, across or opposite to the said external window, and so as to allow between every part of such steps and the external wall of such vault, cellar or room, a clear space of six inches at least, and if the rise of said steps is open; and provided further that over or across any such area there may be steps necessary for access to any building above the vault, cellar or room to which such area adjoins, if the same be so placed as not to be over, across or opposite to any such external window." * (1897) — Chapter 378, Greater New York Charter, Section 1309.— Continued. *(1900) — Regulations of the Department of Buildings. " The height of ceilings when finished for living rooms in cellars or basements, must be 8 feet; on all other floors g feet 4 inches." *(1900) — Sanitary Code of the Department of Health, Section 22. " Nor shall any such person rent, let, hire out, or allow, having power to prevent the same, to be used as or for a place of sleeping or residence, any portion or apartment of any building, which apartment or portion has not at Jeast 2 feet of its height and space above the level of every part of the sidewalk and curbstone of any adjacent street, nor of which the floor is damp by reason of water from the ground, or which is impregnated or penetrated by any offensive gas, smell or exhalation prejudicial to health. But this section shall not prevent the leasing, renting, or occupancy of cellars or rooms less elevated than aforesaid, and as a part of any building rented or let, when they are not let or intended to be occupied or used by any person as a sleeping apartment, or as a principal or sole dwelling apartment. Section 23. No person having the right and power to prevent the same shall knowingly cause or permit any person to sleep or remain in any cellar, or in any bathroom, or in any room where there is a water-closet, or in any place dangerous or prejudicial to life or health, by reason of a want of ventilation or drainage, or by reason of the presence of any poisonous, noxious or offensive substance, or other- wise." *(1897) — Chai>ter 378, Greater New York Charter, Section 1310. " No vault, cellar or underground room shall be occupied as a place of lodging or sleeping, except the same shall be approved in writing, and a permit given therefor by the board of health." * Indicates the existing law. 107 CELLARS — REGULATIONS FOR.— The board of health since 1867 has been given power to make regulations in reference to cellars which should not conflict with the existing laws upon the subject, and similar powers were granted to the commis- sioner of buildings in reference to new tenement-houses in the act of 1895. (1867) — Chapter 908, Section 18. "The Metropolitan Board of Health shall have authority to make other regulations as to cellars consistent with the foregoing where it shall be satisfied that such regulations will secure equally well the health of the occupants." (1882) — Chapter 410, Section 667.— Continued. (1888) — Brooklyn — Chapter 583, Section 39. (Brooklyn Consol. Act). Provisions of Law of 1867, re-enacted. (1892) — Chapter 329, Section 1. (Amends Section 667, Consol. Act). " The board of health shall have authority, within present provisions of la-fl to make other regulations than the foregoing in special cases as to cellars when it shall be satisfied that such regulations will secure eciually well the health of the occupants and the public health, pro- vided, however, that in all such cases any modifications made by such regulations, shall be in accordance with the conditions of a permit in writing issued by the said board of health." (1895) — Chapter 567, Section 8. (Amends Section 661, Consol. Act). " The superintendent of buildings is hereby empowered and directed to make rules and regulations not inconsistent with the requirements of this title and which, in addition to the requirements of this title, shall be the conditions of approval for the plans and permits; these rules and regulations shall govern the arrangement and distribution of the un- covered area, size, lighting, location and arrangement of shafts, rooms, cellars and halls, and may be modified or changed from time to time by the superintendent of buildings." (1895) — Chapter 567, Section 12. (Amends Section 667, Consol. Act). "The board of health shall have authority to make other regulations as to cellars and as to ventilation in completed buildings, consistent with the foregoing, where it shall be satisfied that such regulations will secure equally well the health of the occupants." *(1897) — Chapter 378, Greater New York Charter, Section 1323. — Continued. * Indicates the existing law. 108 CELLAE FLOOES.— From the very first enactment of any legislation upon the subject of tenement-houses, there has been a provision in reference to preventing dampness in cellars, the law of 1867 requiring that every tenement-house thereafter erected or converted, should have the cellar floor properly cemented so as to be water-tight. This remained the law upon this subject until 1887, when the law was somewhat amplified and considerably strengthened, the new law requiring that every tenement-house, whether old or new, should ha^'e the floor of the cellar made water-tight, and when the house was located over filled in ground or ground on which water lies, the cellar floor was to be effectually covered so as to prevent evapo- ration or dampness. In addition, there was a further provision that the board of health should see to it that the cellars of all existing houses should be made to conform to all of these re- quirements before June i, 1890. This has been the law upon this subject since that date until the present time, with the ex- ception, that, in 1890, the time, before which the board of health was required to have all such cellar floors made water- tight, was extended from 1890 to 1892. (1867) — Chapter 908, Section 15. " Every tenement-house hereafter erected or converted shall have the floor of the cellar properly cemented so as to be water-tight." (1882) — Chapter 410, Section 663.— Continued. (1887) — Chapter 84, Section 11. (Amends Section 663, Consol. Act). " Every tenement house shall have the floor of the cellar made water- tight; and when the house is located over fiUed-in ground, .or over marshy ground, or ground on which water lies, the cellar floor- shall be covered so as to effectually prevent evaporation or dampness. It shall be the duty of the board of health (to see) that the cellars of all tenement houses are so made or altered as to comply with this section before January i, i8go." (1888) — Brooklyn — Chapter 583, Section 36. (Brooklyn Consol. Act). Provisions of Law of 1867, re-enacted. (1890) — Chapter 486, Section 1. (Provisions of Chapter 84, of the laws of 1887, continued with the following amendment: In- stead of the last word "1890 " insert the word " 1892 "). 109 <1891) — Chapter 39, Section 1. (Provisions of Chapter 486, of the Laws of 1890, continued. (1892) — Chapter 275, Section 16. (Amends Sections 480, Consol. Act). " The floor of the cellar or lowest story in every tenement-house apartment-house and lodging-house hereafter erected shall be con- creted with suitable materials not less than three inches thick." (1895) — Brooklyn — Chapter 539, Section 1. (Amends Section 57, Brooklyn Consol Act). Provisions of law of 1867 re-enacted, but made only to apply to tenement-houses erected or converted after June i, 1895. <1895) — Chapter 567, Section 9. (Amends Section 663, Consol. Act). Provisions of section 11, chapter 84, of the Laws of 1887, conti.nued. *(1897) — Chapter 378, Greater New York Charter, Section 1320. Continued with the following change: The words at the end, " before January i, 1890," have been omitted. *(1899) — The Building Code — (An ordinance adopted December 20, 1899). Section 57. " The floor of the cellar or lowest story in every dwelling-house, apartment-house, tenement-house and lodging-house hereafter erected, shall be concreted not less than four inches thick." CELLAR CEILINGS — PLASTERING OF.— Before 1887, there was no requirement whatsoever upon this subject. In that 3'ear it was provided that every tenement-house should have the cellar ceiling plastered. This has practically been the law since 1887, and is the present law upon this subject. (1887) — Chapter 84, Section 11. (Amends Section 663, Consol. Act). " Every tenement-house shall have the cellar ceiling plastered." <1890) — Chapter 486, Section 1. (Amends Section 663, Consol. Act). " Every tenement-house shall have the cellar ceiling plastered, or sealed with tongued and grooved boards not less than three-quarters of an inch in thickness, lined with builders' lining paper." * Indicates the existing law. 110 (1891) — Chapter 39, Section 1. (Amends Section 663, Consol. Act). " Every tenement-house shall have the cellar ceiling plastered^ or filled in with deafening between the beams, or sealed with tongued and grooved boards not less than three-quarters of an inch in thickness, lined with builders' lining paper." (1895) — Chapter 567, Section 9. (Amends Section 665, Consol. Act). " Every tenement-house shall have the cellar ceiling plastered." * (1897) — Chapter 378, Greater New York Charter, Section 1320. — Continued. WATEK SUPPLY.— Since the earliest days it has been recog- nized that where a large number of persons live in one building it is of paramount importance to have a proper supply of water for their use. The first tenement-house act, that of 1867, pro- vided that every tenement-house thereafter erected should have -water furnished at one or more places either in the house or in the yard, so that the same might be adequate and reasonably convenient for the use of the occupants. In 1887, an important amendment was made in this law, requiring that instead of water being furnished in the yard, it should be supplied at one or more places on each floor of every tenement-house erected or converted after May 14, 1867; and placed the responsibility of furnishing such water upon the owner of the building, and re- quired that all tenement-houses, whether old or new, should be provided with a similar supply of water by the owners, when- ever the board of health should so direct. A clause was added to the effect that a failure in the general supply of city water, should not be construed as being a failure to comply with the law, on the part of the owner where he had provided suitable appliances to receive and distribute such water. The board of health was also directed to see to it that all tenement-houses in the city should be supplied with water in this manner before January i, 1889. In 1892, the board of health was given addi- tional powers authorizing them to make other regulations in special cases as to the supply of water above the first floor in any tenement-house. The law of 1887 is practically the law of the present day, having been re-enacted in the Greater New * Indicates the existing law. Ill York Charter, with the exception that the Charter has removed the time limit within which the board of health is required to see that all tenement-houses are supplied with water and with proper fixtures. In addition to these provisions of the Charter there is a regulation of the Department of Buildings which re- quires, that in every new tenement-house connected with a public sewer, running water must be provided over a sink in each set of apartments. (1867) — Chapter 908, Section 15. " Every tenement and lodging-house hereafter erected or converted shall have Croton, Ridgewood, or other water furnished at one or more places in such house, or in the yard thereof, so that the same may be adequate and reasonably convenient for the use of the occupants, thereof." (1882) — Chapter 410, Section 663. — Continued; the word " Ridge- wood " stricken out. (1887) — Chapter 84, Section 11. (Amends Section 663, Consol. Act). "Every tenement-house erected or converted after May 14, 1867, shall have Croton or other water furnished in sufficient quantity at one or more places on each Hoar, occupied, or intended to be occupied by one or more families; and all tenement-houses shall be provided with a like supply of water by the owners thereof, whenever they shajl be directed so to do by the board of health. But a failure in the general supply of water by the city authorities shall not be construed to be a failure on the part of such owner, provided that proper and suitable appliances to receive and distribute such water are placed in said house. Provided that the board of health shall see to it that all tenement- houses are so supplied before January i, 1889." (1888) — Brooklyn — Chapter 583, Section 36. (Brooklyn Consol. Act). Provisions of Law of 1867, re-enacted. (1890) — Chapter 486, Section 1. — Continued. (1891) — Chapter 39, Section 1. — Continued. (1892) — Chapter 329, Section 1. " The board of health shall have authority, within present provisions of law to make other regulations than the foregoing in special cases as to the supply of water above the first floor in any house, and the providing of fixtures therefor, when it shall be satisfied that such 112 regulations will secure equally well the health of the occupants and the public health, provided, however, that in all such cases any modi- fications made by such regulations shall be in accordance with the conditions of a permit in writing issued by the said board of health.'' <1895) — Brooklyn — Chapter 539, Section 1. (Amends Section 57, Brooklyn Consol. Act). " Every tenement and lodging-house erected or converted after June I, 1895, shall have Ridgewood or other water furnished at one or more places iln such house, or in the yard thereof, as the health commis-_ sioner may designate, so that the same may be adequate and reason- ably convenient for the use of the occupants thereof." (1895) — Chapter 567, Section 9. (Amends Section 663, Consol. Act). Provisions of Section 11, Chapter 84, of the Laws of 1887, continued. *(1897) — Chapter 378, Greater New York Charter, Section 1320. Provisions of the Law of 1887, as amended by the Law of 1895, con- tinued with slight verbal changes, and at the end instead of the last sentence beginning with "provided that", insert the following, "The board of health shall require all tenement-houses to be so supplied." *(1900) — Regulations of the Department of Buildings. " In every tenement-house, connected with any public sewer running water must be provided over a sink in each set of apartments.'' EOOFS TO BE KEPT IN REPAIR.— It was provided in 1867 that the roofs of all tenement-houses should be kept in good repair so as not to leak, and all rain water was required to be drained or conveyed from roofs in such a way as to prevent its dripping on the ground or causing dampness in the walls, yard or area. This has been the law since that time and is the present law upon this subject. (1867) — Chapter 908, Section 4. " The roof of every tenement and lodging-house in the cities of New York and Brooklyn, shall be kept in good repair, and so as not to leak, and all rain water shall be so drained or conveyed therefrom as to prevent its dripping on to the ground, or causing dampness in the walls, yard or areas." <1882) — Chapter 410, Section 652.— Continued. * Indicates the existing law. 113 (1888) — Brooklyn — Chapter 583, Section 26. (Brooklyn Consol. Act). Continued. * (1897) — Chapter 378, Greater New York Charter, Section 1306.— Continued. CLEANLINESS OF BUILDINGS.— Before the passage of any tenement-house law, it was required by the health act of i866, that every owner and person interested in any building should keep the same and all parts of it in a clean condition, so that it should not be dangerous or prejudicial to life or health. The tenement-house act of 1867, re-enacted these provisions, but more specifically, in their relation to tenement-houses. This act provides that every tenement or lodging-house- and every part of the same, shall be kept clean and free from any accumu- lation of dirt or filth or garbage, or other matter, in the build- ing, or in the yard, or alley leading to it. The owner of a tenement-house was further required to thoroughly cleanse all the rooms and halls, stairs, floors and windows, as well as the doors, walls, ceilings, privies, cesspools and drains of the house as often as the board of health might require. This is the law at the present day, having been re-enacted in the Greater New York Charter. (1866) — Chapter 74, Section 14. " And it is hereby declared to be tlie duty of every owner and part owner and person interested, and of every lessee, tenant and occupant of, or in any place, water, ground, room, stall, apartment, building, erection, vessel, vehicle, matter and thing in said district, and of every person conducting or interested in business therein or thereat, and of every person who has vindertaken to clean any place, ground or street therein, and of every person, public officer and board having charge of any ground, place, building or erection therein, to keep, place, and preserve the same and every part, and the sewerage, drainage and ventilation thereof, in such condition, and to conduct the same in such manner that it shall not be dangerous or prejudicial to life or health." (1867) — Chapter 908, Section 9. " Every tenement or lodging-house, and every part thereof, shall be kept clean and free from any accumulation of dirt, fijth, garbage or * Indicates the existing law. 114 other matter in or on the same, or in the yard, court, passage, area or alley connected with or belonging to the same. The owner or keeper of any lodging-house, and the owner or lessee of any tenement-house or part thereof, shall thoroughly cleanse all the rooms, passages, stairs, floors, windows, doors, walls, ceilings, privies, cesspools and drains thereof of the house or part of the house of which he is the owner or lessee, to the satisfaction of the J\'Ietropolitan board of health, so often as shall be required by or in accordance with any regulation or ordi- nance of said board." (1882) — Chapter 410, Section 657. — Continued. (1887) — Chapter 84, Section 7.— Continued. (1888) — Brooklyn — Chapter 583, Section 31. (Brooklyn Consol. Act). Provisions of Law of 1867, re-enacted. (1895) — Chapter 567, Section 6. — Continued. * (1897) — Chapter 378, Greater New York Charter, Section 1310.— Continued. And the following additional clause inserted after the word " any " (in the last line) " Order of the board of health and any." WHITEWASHING OF WALLS AND CEILINGS.— Since 1867, the law has required that the owner of every tenement-house shall whitewash the walls and ceilings twice a year. The earlier laws stated that this work should be done in the months of April and October, but the later enactments have left the time to the discretion of the board of health, and also require that it be done once a year instead of twice. (1867) — Chapter 908, Section 9. " The owner shall well and sufficiently to the satisfaction of the board of health whitewash the walls and ceilings of every tenement-house twice at least in every year, and in the months of April and October, unless the said board shall otherwise direct." (1882) — Chapter 410, Section 657.— Continued. (1887) — Chapter 84, Section 7.— Continued. * Indicates the existing law. 115 (1888) — Brooklyn — Chapter 583, Section 31. (Brooklyn Consol. Act). Provisions of Law of 1867, re-enacted. (1895) -^ Chapter 567, Section 6.— Continued. *(1897) — Chapter 378, Greater New York Charter, Section 1310. " The owner or lessee of any tenement-house or part thereof, shall well and sufiSciently to the satisfaction of the health department, white- wash the walls and ceilings thereof once at least in every year." *(1900) — Sanitary Code of the Department of Health, Section 29. " The walls and ceilings throughout any tenement or lodging-house shajl be thoroughly whitewashed as required by the board of health, and not less than once in each year." WAIL PAPER. — In 1895, the tenement-house law was amended so as to require that before any new wall paper was placed upon any wall or ceiling of any tenement or lodging- house, all the old paper should be first removed and the walls and ceiling thoroughly cleaned. This is the present law upon . this subject. (1895) — Chapter 567, Section 6. (Amends Section 657, Consol. Act). " No wajl paper shall be placed upon a wall or ceiling of any tenement or lodging-house, unless all walj paper shall be first removed therefrom and said wall and ceiling thoroughly cleaned." *(1897) — Chapter 378, Greater New York Charter, Section 1310.— Continued. YARDS AND AREAS TO BE SEWER-CONNECTED.— Where there is a sewer in the street upon which a tenement-house stands, the law has required since as early as 1867 that the yard or area shall be connected with the sewer, so that all water from the roof and all liquid filth shall pass freely into it; if there is no sewer in the street, then the yard or area is to be so graded that the water will flow into the street gutter by a passage-way beneath the sidewalk, this passage-way to be cov- ered by a permanent cover, but so arranged as to allow ob- * Indicates the existing law. 116 structions to be removed. This has been the law practically without change since that date until the present time, and is the present law upon this subject, with an additional require- ment of the Building Department, that yards, areas, light-shafts and courts shall be properly graded and drained, and also flagged and concreted. (1867) — Chapter 908, Section 5. " In all cases where a sewer exists in the street upon which the house or building stands, the yard or area shall be so connected with the same that all water from the roof or otherwise, and all liquid filth shall pass freely into it. Where no sewer exists in the street, the yard or area shall be so graded that al.l water, from the roof or otherwise, and all filth shall flow freely from it and all parts of it into the street gutter by a passage beneath the sidewalk, which shall be covered by a perma- nent cover, but so arranged as to permit access to remove obstructions or impurities.'' (1882) — Chapter 410, Section 653.— Continued. (1887) — Chapter 84, Section 6. (Amends Section 653, Consol. Act). " In all cases where a sewer exists in the street or avenue upon which a house or building stands, the yard or area shall be connected with the sewer, that all water from the roof or otherwise, and all liquid filth shall pass freely into the sewer. Where there is no sewer in the street or avenue or adjacent thereto, to which connection can be made, the yard and area shall be so graded that al.l water from the roof or otherwise, and all filth shall flow freely therefrom into the street gutter, by a passage beneath the sidewalk, which passage shall be covered by a permanent cover, but so arranged as to permit access to remove obstruction or impurities." (1888) — Chapter 422, Section 1. — Continued. (1888) — Brooklyn — Chapter 583, Section 27. (Brooklyn Consol. Act). Provisions of Law of 1867, re-enacted. (1889) — Chapter 211, Section 1. — Continued. * (1897) — Chapter 378, Greater New York Charter, Section 1308.— Continued. * Indicates the existing law. 117 ''(1900) — Regulations of the Department of Buildings. " Yards, areas, light shafts, and courts shall be properly graded,, flagged or concreted and drained." GARBAGE AND REFUSE.— Since 1867, the law has required the owner of every tenement-house to have proper and suit- able conveniences or receptacles for receiving garbage and other refuse matters. (1867) — Chapter 908, Section 8. " Every tenement or lodging-house shall have the proper and suit- able conveniences or receptacles for receiving garbage and other refuse matteis." (1882) — Chapter 410, Section 656.— Continued. (1888) — Brooklyn — Chapter 583, Section 30. (Brooklyn Consol. Act). Provisions of La'w of 1867, re-enacted. (1895) — Chapter 567, Section 5. (Amends Section 656, Consol. Act). — Continued. *(1897) — Chapter 378, Greater New York Charter, Section 1312.— Continued. ASHES AND RUBBISH.— The first tenement-house law also provided that every tenement-house erected after J\Iay 14, 1867, should have proper conveniences or receptacles for ashes and rubbish. This has been the law since that time without change, and is the present law. (1867) — Chapter 908, Section 15. " Every tenement-house hereafter erected or converted shall have proper conveniences and receptacles for ashes and rubbish." (1882) — Chapter 410, Section 663. — Continued. (1887) — Chapter 84, Section 11. — Continued. * Indicates the existing law. 118 (1888) — Brooklyn — Chapter 583, Section 36. (Brooklyn Consol. Act). Provisions of Law of 1867, re-enacted. (1890) — Chapter 486, Section 1.— Continued. (1891) — Chapter 39, Section 1. — Continued. (1895) — Brooklyn — Chapter 539, Section 1. — Continued. (1895) — Chapter 567, Section 9. (Amends Section 663, Consol. Act). — Continued. *(1897) — Chapter 378, Greater New York Charter, Section 1320. Pro- visions of the Law of 1867, Continued. ANIMALS, KEEPING OF, PROHIBITED.— The act of 1867 for- bade the keeping of a horse, cow or calf, swine or pig, or sheep or goat in a tenement or lodging-house. This provision of the law has continued to the present time, the Charter adding a further requirement that no such animal should be kept in any part of a tenement-house. (1867) — Chapter 908, Section 8. " Nor shall any horse, cow, calf, swine, pig, sheep or goat be kept in a tenement or lodging-house." (1882) — Chapter 410, Section 656.— Continued. (1888) — Brooklyn — Chapter 583, Section 30. (Brooklyn Consol. Act). Provisions of Law of 1867, re-enacted. (1895) — Chapter 567, Section 5. — Continued. *(1897) — Chapter 378, Greater New York Charter, Section 1312. " Nor shall any horse, cow, calf, swine, pig, sheep or goat be kept in said house or on the premises thereof." STABLES IN TENEMENT-HOUSES PROHIBITED — TENE- MENTS NOT TO BE USED FOR LODGING-HOUSES, PRIVATE SCHOOLS, OR STORAGE OF RAGS.— In the amendment to the * Indicates the existing law. 119 tenement-house laws of 1891 it was provided that no building or premises that was occupied for a tenement-house should be used for a lodging-house or as a private school or as a stable, and the storage and handling of rags was forbidden upon the premises. This law was slightly changed in the following year, a clause being added that this should not be done except with a permit from the board of health, and a further clause to the effect that this part of the law should not apply to buildings or premises used as stables prior to January i, 1892. In the same year, in another act passed at a later date, the board of health was given authority to make other regulations in refer- ence to these subjects, when they were satisfied that such regu- lations wouid secure equally well the health of the occupants and the public health, but, only upon condition that any modifi- cation made by the board of health in these requirements, should be in accordance with a written permit issued by the board. In the amendment to the tenement-house act in 1895 this law was somewhat changed, the use of a tenement-house as a lodging-house or stable or for the storage and handling of rags was absolutely forbidden; such a building was, however, allowed to be used as a private school upon obtaining a special permit from the board of health. This is the present law upon this subject, except that a slight change was made in the Charter, limiting the conditions under which the board of health might grant a permit for the use of a tenement-house or part of a tenement-house as a private school- The regula- tions of the Building Department also provide that no stable or coal-yard may be maintained on any lot on which it is pro- posed to erect a tenement or lodging-house. <1891) — Chapter 204, Section 1. (Amends Section 661, Consol. Act). " No building or premises wirile occupied for a tenement-house shall be used for a Jodging-house, private school, stable or for the storage and handling of rags." <1892) — Chapter 238, Section 1. " No building or premises occupied for a tenement-house, shall be used for a lodging-house, private school, stable or for the storage and handling of rags unless with a permit in writing from the board of health; but nothing herein contained shall be construed to apply to a building or premises so used for a stable prior to January :, 1892." 120 (1892) — Chapter 329, Section 1. " The board of health shall have authority, within present provisions of law, to make other regulations than the foregoing in special cases as to the use of building or premises occupied for a tenement house, for a school or stable, or for storage of rags, when it shall be satisfied that such regulations will secure equally well the health of the occupants and the public health, provided, however, that in all such cases any modifications made by such regulations, shall be in accordance with the conditions of a permit in writing issued by the said board of health." (1895) — Brooklyn — Chapter 539, Section 1. (Amends Section 55, Brooklyn Consol. Act). Provisions of Section 1, Chapter 238, of the Laws of 1892, re-enacted with the following change: The date of January 1, 1892, changed to June 1, 1895. (1895) — Chapter 567, Section 8. (Amends Section 661, Consol. Act). " No building or premises occupied for a tenement-house shall be used for a lodging-house, private school, stable or for the storage and handling of rags, but the board of health may, by a special permit, allow the maintenance of a private school in such a house." (1896) — Brooklyn — Chapter 355, Section 1. (Amends Section 55, Brooklyn Consol. Act). Provisions of Chapter 539, of the Laws of 1895, continued. *(1897) — Chapter 378, Greater New York Charter, Section 1318. Provisions of section 8, chapter 567, of the Laws of 1895, continued with the following amendment: After the words "by a special permit" insert the following, " fixing the conditions thereof in writing, and providing there be the necessary cubic air space and ventilation." *(1900) — Regulations of the Department of Buildings. " Where the premises are occupied as a tenement-house no part thereof may be used for a lodging-house or private school, nor may they be used for the storage and handling of rags. No stable or coal- yard may be maintained on any lot whereon it is proposed to erect a tenement or Jodging-house, or convert any building to the purposes of a tenement or lodging-house." SMOKE-HOUSES IN TENEMENTS PROHIBITED.— The sani- tary code of the Department of Health prohibits any person * Indicates the existing law. 121 from making or using a smoke-house, or room or any apparatus for smoking meat, without a written permit from the board of health, and subject to the conditions that may be imposed by the board. *(1900) — Sanitary Code of the Department of Health, Section 21. " No person shall make or use a smokehouse or room or apparatus for smoking meat, in any tenement or lodging-house, without a permit in writing from the board of health, and subject to the conditions thereof." JANITOE REaUIRED FOR TENEMENT-HOUSES.— In 1879, it was felt that a large part of the evils of the tenement-house system was due to the fact that in many cases there was no per- son living in the house whose duty it was to take care of it, and keep it clean and in good repair. Accordingly, the tenement- house act of that year required that whenever there should be more than ten families living in any tenement-house in which the owner himself did not reside, there should be a janitor or housekeeper, or other responsible person living in the house, and having charge of the same, and it was left to the discretion of the board of health to decide when such janitor or house- keeper should be required. Eight years later this law was amended by changing this provision so as to apply to buildings having more than eight families instead of more than ten families. The law in this amended form is the present law on this subject. (1879) — Chapter 504, Section 3. " Whenever there shall be more than ten families living in any tenement-house, in which the owner thereof does not reside, there shall be a janitor, housekeeper, or some other responsible person, who shall reside in the said house, and have charge of the same, if the board of health shall so require." (1882) — Chapter 410, Section 664. — Continued. (1887) — Chapter 84, Section 12. This provision amended so as to apply to buildings having more than 8 families, instead of more than 10. * Indicates the existing law. 122 (1895) — Chapter 567, Section 10. (Amends Section 664, Consol. Act). Provisions of Section 12, Chapter 84, of the Laws of 1887, continued. * (1897) — Chapter 378, Greater New York Charter, Section 1321.— Continued. OVERCROWDING IN TENEMENT-HOUSES.— The tenement- house act of 1879, among other things, provided that, whenever the sanitary superintendent of the board of health, should cer- tify to the board, that in any tenement-house there was less than 600 cubic feet of air to each occupant, the board of health might, if it deemed it wise or necessary, issue an order requiring the number of occupants of the building or of a room in the' same, to be reduced so that the number of inmates should not exceed one person for every 600 cubic feet of air space; and such excess in the number of occupants was required to be re- duced within ten days' time. This latter provision, however, as to the period of time in which this change was to be made was repealed in 1887. In 1895, this provision of the statute was somewhat modified, the board of health having the power to reduce the overcrowding, only when a tenement-house or room was without sufficient ventilation and air, and also when so overcrowded that there was less than 400 cubic feet of air for each adult, and less than 200 cubic feet of air for each child under tweh-e A^ears of age. Under these circumstances the board was authorized to issue an order requiring the number of occupants to be reduced. This is the law at the present day. There is, however, a further provision of the sanitary code to the eiTect that no owner of a tenement-house shall allow the same to be overcrowded or allow so great a number of persons to live or sleep in such a house, as to cause any danger or detri- ment to life or health. (1879) — Chapter 504, Section 3. " Whenever it shall be certified to the board of health of the city of New York, by the sanitary superintendent that any tenement-house or room therein is so overcrowded that there shall be afforded less than 600 cubic feet of air to each occupant of such building or room, the * Indicates the existing law. 123 said board may, if it deem the same to be wise or necessary, issue an order requiring the number of occupants of such building or room to be reduced, so that the inmates thereof shall not exceed one person to each 600 cubic feet of air space in such buijding or room. Such excess in the number of occupants shall be reduced to the standard hereby designated within ten days after the service of an order therefor upon the owner, lessee, occupant, or agent of such building or room," (1882) — Chapter 410, Section 664.— Continued. (1887) — Chapter 84, Section 12. (Provisions of this section re-enacted, last clause from. " such excess " down to " room," repealed. (1895) — Chapter 567, Section 10. (Amends Section 664, Consol. Act). " Whenever it shall be certified to the board of health by the sanitary superintendent; that any tenement-house or room therein being without sufficient ventilation is so overcrowded that there shall be afforded less than 400 cubic feet of air to each adult and 200 cubic feet of air to each child under 12 years of age occupying such building or room, the said board shall issue an order requiring the number of occupants of such building or room to be reduced in accordance with this provision." * (1897)— Chapter 378, Greater New York Charter, Section 1321. — Con- tinued with the following slight change: after the word " superintendent " insert the words " or an assistant sani- tary superintendent." * (1900) — Sanitary Code of the Department of Health, Section 24. " No owner, lessee or keeper of any tenement-house or lodging-house shall cause or allow the same to be overcrowded or cause or allow so great a number of persons to dwell, be, or sleep in any such house or any portion thereof, as thereby to cause any danger or detriment to life or health." CONTAGIOUS DISEASES TO BE REPOKTED.— The tenement- house act of 1867 was enacted a few years after New York city had been visited by cholera, and at a time when there had been throughout the city many epidemics of typhoid and typhus fevers and other contagious diseases. It was to be ex- pected, therefore, that the new law would contain a provision upon this subject. This act required that whenever any person in a tenement or lodging-house is sick of fever or of any in- * Indicates the existing law. 12i fectious, pestilential or contagious disease, and such sickness is known to the owner or agent of the house, then the owner or agent must at once notify the board of health, and the board of health was required to cause the building to be inspected, and if found necessary, to be immediately cleaned or disinfected at the expense of the owner, and the board was also authorized to fumigate and clean the blankets, bedding and bedclothes used by any such sick person, or in extreme cases to destroy them. This is the present law upon this subject. (1867) _ Chapter 908, Section 10. " The owner or keeper of any lodging-house, and the owner, agent of the owner, and the lessee of any tenement-house, or part thereof, shall, whenever any person in such house is sick of fever, or of any infectious, pestilential, or contagious disease, and such sickness" is known to such owner, keeper, agent, or lessee, give immediate notice thereof to the Metropolitan board of health, or to some officer of the same, and there- upon said board shall cause the same to be inspected, and may, if found necessary, cause the same to be immediately cleansed or disinfected at the expense of the owner, in such manner as they may deem necessary and effectual; they may also cause the blankets, bedding and bed- clothes used by any such sick person to be thoroughly cleansed, scoured and fumigated, or in extreme cases, to be destroyed." (1882) — - Chapter 410, Section 658.— Continued. (1887) — Chapter 84, Section 8.— Continued. (1888) — Brooklyn — Chapter 583, Section 32. (Brooklyn Consol. Act). Provisions of the Law of 1867, re-enacted. * (1897) — Chapter 378, Greater New York Charter, Section 1314. " The owner or keeper of any lodging-house, and the owner, agent of the owner, and the lessee of any tenement-house or part thereof, shall, whenever any person in such house is sick of fever, or of any infectious, pestilential or contagious disease, and information thereof has been given to such owner, keeper, agent or lessee, give immediate notice thereof to the board of health, or to some officer of the same, and thereupon said board shall cause the same to be immediately cleansed or disin- fected at the expense of the owner, in such manner as it may deem necessary and effectual, and it may also cause the blankets, bedding and bedclothes used by any such sick person to be thoroughly cleansed, scoured and fumigated, or, in extreme cases, to be destroyed." * Indicates the existing law. 125 VACATION OF TENEMENTS UNFIT FOR HABITATION.— The first tenement-house law provided that, whenever the sanitary- superintendent of the board of heahh should certify to the boards that any building or part of a building was unfit for human habitation because i\ was so infected with disease as to be likely to cause sickness among the occupants, or because it was dangerous to life from want of repair, the board of health might issue an order requiring all persons to vacate the build- ing, and the building or part of it was to be vacated within ten days, and in special cases within a shorter period, but this period should never be less than twenty-four hours- It was further provided that the board of health when issuing an or- der should have the same affixed conspicuously on the build- ing, and also have a copy served personally upon the owner or his representative, and this order should set forth the reasons why the building was to be vacated. If the board were satis- fied that the danger from the house had ceased to exist then it was authorized to revoke the order. This provision of the law was somewhat amended some years later in the act of 1887, the new act setting forth further conditions under which the board of health might be authorized to order a tenement-house to be vacated. The previous law had granted this power only when a building was so infected with disease as to be likely to cause sickness among the occupants, or when it was dangerous to life from want of repair. The new law added also, that such a building should be vacated, when it was unfit for human habitation because of defects in drainage, plumbing, or ventila- tion or because of the construction of the building; and also, when there existed a nuisance on the premises which was likely to cause sickness among the occupants. This has been the law since 1887 up to the present time, and is the present law upon this subject. (1867) — Chapter 908, Section 11. " Whenever it shall be certified to the board of health by the sanitary superintendent, that any building or part thereof is unfit for human habitation, by reason of its being so infected with disease as to be likely to cause sickness among the occupants, or by reason of its want of repair has become dangerous to life, said board may issue an order, and cause the same to be affixed conspicuously on the building or part thereof, and to be personally served upon the owner, agent, or lessee, if the same can be found in this State, requiring all persons therein to J 26 vacate such building for the reasons to be stated therein as aforesaid. Such building, or part thereof, shall, within ten days thereafter, be vacated; or within such shorter time, not less than twenty-four hours, as in said notice may be specified; but said board, if it shall become satisfied that the danger from said house, or part thereof, has ceased to exist, may revoke said order, and it shall thenceforward become in- operative." (1882) — Chapter 410, Section 659.— Continued. (1887) — Chapter 84, Section 9. " Whenever it shall be certified to the board of health of the health department of the city of New York by the sanitary superintendent, that any building or part thereof in the city of New York is infected with contagious disease, or by reason by want of repair has become dangerous to life, or is unfit for human habitation because of defects in drainage, plumbing, ventilation, or the construction of the same, or because of the existence of a nuisance on the premises, and which is likely to cause sickness among its occupants, the said board of health may issue an order requiring all persons therein to vacate such building or part thereof, for the reasons to be stated therein as aforesaid. " Said board shall cause said order to be afifixed conspicuously in the building or part thereof and to be personally served on the owner, lessee, agent, occupant or any person having the charge or care thereof; if the owner, lessee or agent cannot be found in the city of New York or do not reside therein or evade or resist service then said order may be served by depositing a copy thereof in the post-office in the city of New York, properly inclosed and addressed to such owner, lessee or agent at his last known place of business or residence, and prepaying the postage thereon; such building or part thereof shall within ten days after said order shall have been posted and mailed as aforesaid, or within such shorter time not less than twenty-four hours, as in said order may be specified, be vacated, but said board whenever it shall become satisfied that the danger from said building or part thereof has ceased to exist, or that said building has been repaired so as to be habitable, may revoke said order." (1888) — Brooklyn — Chapter 583, Section 33. (Brooklyn Consol. Act). Provisions of the Law of 1867, re-enacted. (1895) — Chapter 567, Section 7. Provisions of Section 9, Chapter 84, of the Laws of 1887, continued. *(1897) — Chapter 378, Greater New York Charter, Section 1315. — Continued. * Indicates the existing law. 127 CONDEMNATION OF TENEMENTS UNFIT FOR HABITA- TION. — Among the different powers given to the newly-created metropolitan board of health by the act of 1866, was the power,, whenever any building or part of a building was, in the opinion of the board, in a condition dangerous to life or health, to de- clare the building a public nuisance and order the building removed or altered in such manner as the board might specify. It was further provided that, upon the nuisance being abated, the board might modify their order or revoke it. These powers of the board have been continued in succeeding acts relating to the organization of the health department, and were not mate- rially changed until 1895, when the new tenement-house law, passed as a result of the investigations of the tenement-house commission appointed by the Legislature in 1894, materially modified the powers of the board, in reference to the con- demnation of buildings unfit for human habitation. The new act provided that the board of health might condemn and order removed any building or part of a building, under certain cir- cumstances set forth in detail in the law- These circumstances were the following: When the building, in the opinion of the board, was unfit for human habitation because of age or de- fects in the drainage or in the plumbing, or because of infection with contagious disease, or because of lack of ventilation, or because of the existence of a nuisance on the premises which was likely to cause sickness among the occupants of the build- ing, or among the occupants of other buildings in the city, or because the building stopped ventilation in other buildings, or in other ways made or helped to make other buildings ad- jacent, to be unfit for habitation, or dangerous or injurious to health, or because it prevented proper measures from being carried into effect for removing any nuisance injurious to health, or for removing other sanitary evils in such other buildings, then, the power to condemn or destroy a building, under these circumstances, was granted; but only when it was shown that the building was so unfit for habitation that the evils in the building, or the evils caused by the building, could not be rem- edied by repairs or in any other way, except by its destruction or by the destruction of a part of it. The law also provided very carefully for the legal proceedings to be taken in con- demning buildings under such circumstances, giving the owner 128 of the building the right to demand a survey of it, in a manner similar to the surveys carried on by the building department in the case of unsafe buildings. (In such cases a representative of the department and a representative of the owner of the build- ing, and a third person, an architect representing the Ameri- can Institute of Architects meet and examine the building to see whether the order to make it safe is just or not, and the de- cision of a majority of this board of survey is considered to be final, except, of course, that the courts can pass upon the sub- ject.) The board of health was also authorized to institute proceedings in the supreme court for the condemnation of buildings in question; and upon the institution of these pro- ceedings the owner of the building or any person interested in it, was permitted in his answer to dispute the necessity of its destruction, and by the terms of the act, the supreme court is prohibited from appointing commissioners until proof has been made of the necessity of the building's destruction. The law also sets forth in very minute detail what evidence may be presented in such proceedings. First, it is required to be proved that the rental of the build- ing was enhanced because the building was used for illegal purposes, or because it was so overcrowded as to be danger- ous to the health of the inmates. , Second, that the building was in a state of defective sanita- tion, or not in reasonably good repair. And third, that the building was unfit for human habita- tion and not reasonably capable of being made fit for such habitation. The law further provides that if the com- missioners appointed by the court are satisfied from the evidence presented, that the building should be destroyed, then, the method of determining the amount of compen- sation to the owner of the property, was to be in accord- ance with the following provisions of the statute. First, where it was proved that the rental of the building had been enhanced because the building had been used for illegal purposes, or be- cause it was overcrozvded or dangerous to health, then, the compensation was to be based on the rental of the building as distinguished from the ground rent which might have been obtained if the building was occupied for legal purposes and only by the proper number of persons. In the second case. 129 where a building was proved to be in a state of defective sani- tation and not in reasonably good repair, then the amount of compensation to be paid the owner, was to be the amount esti- mated as the value of the building after having been put in a sanitary condition or into reasonably good repair, but with the deduction of the estimated expense of such repairs or altera- tions. In the third case where it was proved that a building was iinht for human Iiabitation and not reasonably capable of being made fit for habitation, then the amount of compensation to the owner of the property, was to be merely the value of the materials of the building. This very important law, modeled largely after the English law on this subject, has been re- enacted in the Greater New York Charter, and is the law of the present day with one or two slight changes as to the form of legal proceedings, somewhat strengthening the provisions of the act. (1866) — Chapter 74, Section 14. " Whenever any building, erection, excavation, premises, business pursuit, matter or thing, or the sewerage, drainage or ventilation thereof, in said district (Metropolitan district) shall, in the opinion of said board (Metropolitan board of health) whether as a whole or in any particular, be in a condition or in effect dangerous to life or health, said board may take and file among its records what it shall regard as sufficient proof to authorize its declaration that the same, to the extent it may specify, is a public nuisance, or dangerous to life or health; and said board may thereupon enter in its records the same as a nuisance, and order the same to be removed, abated, suspended, altered O"- other- wise improved or purified, as said order shall specify, and shall tause said order before its execution to be served on thg" owner, occupant or tenant thereof, or some of them, which to said board, may appear most directly interested in its execution, provided said parties, or any of them, are in said district and can be found, and such service can be con- veniently made, and if any party so served (or intended to be according to this law), shall, before its execution is commenced, or within three days after such service or attempted service, apply to said board, or the president thereof, to have said order or its execution stayed or modified, it shall then be the duty of said board to temporarily suspend or modify said order, or the execution thereof (save in cases of imminent danger from impending pestilence, when said board may exercise ex- traordinary powers as herein elsewhere speeiiied), and to give such parties or party together, as the case in the opinion of the board may require, a reasonable and fair opportunity to be heard before said board; and to it 130 present facts and proofs (according to the rules or directions of said board) against said declaration and the execution of said order, or in favor of its modification, according to the regulations of the board; and the board shall enter in its minutes such facts and proof as it may receive, and its proceedings on such hearing, and any other proof it may take; and thereafter may rescind, modify or reaffirm its said dec- laration and order, and require execution of said original, or of a new or modified order to be made, in such form and effect as it may finally determine." (1866) — Chapter 74, Section 14. " The Metropolitan board of health may order or cause any excava- tion, erection, vehicle, vessel, water-craft, room, building, place, sewer^ pipe, passage, premises, ground, matter or thing (in said district or adjacent waters) regarded by said board as in a condition dangerous or detrimental to life or health, to be purified, cleaned, disinfected, altered or improved," (1882) — Chapter 410, Consol. Act, Ciiapter 13, Section 535. Pro- visions of Law of 1866, continued. (1895) — Chapter 567, Section 7. " Whenever in the opinion of the board of health of the health de- partment of the city of New York, any building or part thereof in the city of New York, an order to vacate which has been made by said board, is, by reason of age, defects in drainage, plumbing, infection with contagious disease, or ventilation, or because of the existence of a nuisance on the premises, which is likely to cause sickness among its- occupants or among the occupants of other property in the city of New York, or because it stops ventilation in other buildings, or otherwise makes or conduces to make other buildings adjacent to the same unfit for human habitation, or dangerous or injurious to health; or because it prevents proper measures from being carried into effect for remedying anynuisance injurious tohealth or other sanitary evils in respect of such other buildings; so unfit for human habitation that the evils in or caused by said building cannot be remedied by repairs or in any other way ex- cept by the destruction of said building, or of a portion of the same, said board of health may* condemn the same and order it removed, provided the owner or owners of said building can demand a survey of said building in the manner provided for in case of unsafe buildings, and may institute proceedings in the supreme court in the county of New York for the condemnation of said building.** Said proceedings shall be instituted and carried on in the manner prescribed by the code of civil procedure, except as modified by this act. Upon the in- stitution of said proceedings the owner of said building or any person interested therein may in his answer dispute the necessity of the de- 131 struction of said building or part thereof as the case may be. In such case, the court shall not appoint commissioners unless proof is made of the necessity of said destruction. In such proceeding evidence shall be receivable by the commissioners to prove: " I. That the rental of the building was enhanced by reason of the same being used for illegal purposes or being so overcroweded as to be dangerous or injurious to the health of the inmates; or "2. That the building is in a state of defective sanitation, or is not in reasonably good repair; or " 3. That the building is unfit, and not reasonably capable of being: made fit, for human habitation; and if the commissioners are satisfied by such evidence, then the compensation — " (a) Shall in the first case, so far as it is based on rental, be based on the rental of the building, as distinct from the ground rent, which would have been obtainable if the building was occupied for legal purposes and only by the number of persons whom the building was under all the circumstances of the case fitted to accommodate without such overcrowding as is dangerous or injurious to the health of the inmates, and " (b) Shall in the second case be the amount estimated as the value of the building if it had been put into a sanitary condition, or into reasonably good repair, after deducting the estimated expense of putting it into such condition or repair; and " (c) Shall in the third case be the value of the materials of the buildings. " Nothing in this section contained shall repeal any part of section $35 of this act or impair any of the powers thereby vested in the board of health." *(1897) — Chapter 378, Greater New York Charter, Section 1316. Provisions of the law of 189S continued with the following changes, not affecting the meaning of the statute: After the word "may"* insert the following words: "If it deem such course just and proper," and after the word "building"** insert the following in place of the present sentence: " Said proceeding shall be instituted through a petition addressed to said court containing a brief statement of the reasons therefor, and shall not be required to contain further alle- gations of facts than those which have actuated the board of health in this proceeding, which shall then be carried on in the manner pre- scribed by chapter 21 of this act." Also, at the end of the section add the following: " For the payment of all awards and the expenses of all such proceedings, the comptroller shall issue and sell from time to time as may be necessary, and in the manner hereinbefore provided, cor- porate stock of the city of New York." (This takes the place of the last sentence in the provisions of the law of 1895.) 132 SANITARY ARRANGEMENTS. WATER-CLOSET ACCOMMODATIONS.— Prior to the passage of the first tenement-house act in 1867, there was no law re- quiring water-closet accommodations to be provided for the use of occupants of tenement-houses- This law provided that every tenement and lodging-house in the cities of New York and Brooklyn should be provided with good and sufficient water-closets or pri\'ies of a form and construction to be ap- proved by the board of health, and that such water-closets and privies should not be less in number than one for every twenty occupants of a tenement-house. There was a further clause added, however, to the effect that such water-closets or privies might be used in common by the occupants of any two or more houses, provided the access to the water-closets was con- venient and direct, and provided that the number of occupants using them, did not exceed the proportion required for every privy or water-closet. This law was changed in 1887 so as to require either water-closets or improved pri\'y sinks, and the number of occupants for each water-closet was limited to one water-closet for every fifteen persons in lodging-houses, and there was to be not less than one closet or sink for every two families in tenement-houses. The law was again amended in the following year, so as to require not less than one closet for every fifteen occupants of tenement-houses, and also not less than one closet or sink for every floor or story of such a house. The year after, an amendment to the law was passed repealing the provisions of the previous year. Thij new act simplv re- quired that there should be not less than one closet for every fifteen occupants. This is the present law upon this subject, to be found in the Greater New York Charter. In addition to the provisions of the Charter there are a number of regulations of the building department bearing upon the subject. These re- quire that the general water-closet accommodations shall not be placed in the cellar of a tenement-house, and that no perma- nent water-closet shall be placed in the yard, also that there must be at least one water-closet on every floor, and that where there is more than one family on a floor there must be one additional water-closet on that floor for every additional fifteen 133 persons or fraction thereof. The sanitary code of the health department also requires that the owner or lessee of every tene- ment-house shall provide for the use of the tenants adequate privies or water-closets which shall be properly constructed as required by the rules of the health department and the depart- ment of buildings. (1867) — Chapter 908, Section 5. " Every tenement and lodging-house in the cities of New York and Brooklyn, shall be provided vifith good and sufficient water-closets or privies, of a construction approved by the Metropolitan board of health. Such water-closets or privies shall not be less in number than one to every twenty occupants of said house; but water-closets or privies may be used in common by the occupants of any two or more houses, provided the access is convenient and direct, and provided the number of occupants in the houses for which they are provided, shall not ex- ceed the proportion above required for every privy or water-closet." (1882) — Chapter 410, Section 653.— Continued. (1887) — Chapter 84, Section 6. (Amends Section 655, Consol. Act). " Every tenement and lodging-house or building shall be provided with as many good and sufficient water-closets, improved privy sinks or other similar receptacles as the board of health shall require, but in no case shall there be less than one for every fifteen occupants in lodging-houses, and not Jess than one for every two families in dwelling-houses.'' (1888) — Chapter 422, Section 1. " Every tenement and lodging-house or building, shall be provided with as many good and sufficient water-closets, improved privy sinks or other similar receptacles, as the board of health shall require, but in no case shall there be less than i for every IS occupants, and not Jess than I for every floor or story of such tenement or lodging-house." (18(88) — Brooklyn — Chapter 583, Section 27. (Brooklyn Consol. Act). Provisions of the Law of 1867, re-enacted. (1889) — Chapter 211, Section 1. (Section 653, Consol. Act, amended ^ as follows): " Every tenement and lodging-house or building shall be provided with as many good and sufficient water-closets, improved privy sinks or other similar receptacles as the board of health shall require, but in no case shall there be Jess than one fof every fifteen occupants." 134 *(1897) — Chapter 378, Greater New York Cliarter, Section 1308. (Pro- visions of Section 1, Cliapter 211, of the Laws of 1889, con- tinued. *(1900) — Regulations of the Department of Buildings. " The general water-closet accommodations must not be placed in the cellar and no permanent water-closet may be placed in the yard. In tenement-houses there must be one water-closet on each floor, and where there is more than one family on a floor there must be one additional water-closet on that floor for every additional fifteen persons or fraction thereof." *(1900) — Regulations for plumbing and drainage adopted by the De- partment of Buildings, Section 121. " The general water-closet accommodations for a tenement or Jodging- house cannot be placed in the cellar. No water-closet can be placed outside of the building." *(1900) — Regulations for plumbing and drainage adopted by the De- partment of Buildings, Section 130. '' In all sewer-connected occupied buildings there must be at least one water-closet, and there must be additional water-closets so that there wilj never be more than 15 persons per closet." *(1900) — Sanitary Code of the Department of Health, Section 25. " Every person who shall be the owner, lessee, or keeper or manager of any tenement-house, or lodging-house, shall provide or cause to be provided, for the accommodation thereof and for the use of the tenants, lodgers and boarders thereat, adequate privies or water-closets, and the same shall be so adequately ventilated, and shall at all times be kept in such cleanly and wholesome condition, as not to be offensive, or be dangerous or detrimental to life or health. And no offensive smell or gases from or through any outlet or sewer, or through any such privy or water-closet, shall be allowed by any person aforesaid to pass into such house or any part thereof, or into any other house or building.'' WATER-CLOSET CONSTRUCTION.— The first tenement-house act required that ever}^ tenement and lodging-house should be provided with good and sufficient water-closets or privies of a form and construction to be approved by the board of health, and also that such water-closets and privies should have proper * Indicates the existing law. 135 doors, traps, soil pans and such other suitable works and ar- rangements as might be necessary to insure their efficient operation. It was also required that wherever there was a sewer in the street adjoining the lot upon which the building stood, the water-closets or privies should be properly con- nected with the street sewer; also, that all water-closets and vaults should be provided with proper traps, and that all con- nections should be properly made and tight, and that they should have a sufficient water supply so as to properly flush them. The owner, lessee and occupant of any tenement-house was also made responsible for keeping such closets or privies free from improper substances, and was required to remove any obstruc- tions in them and to prevent any exhalations from the closets that might be dangerous or prejudicial to life or health. In 1887, this law was amended slightly, all of the provisions of the previous act being re-enacted, with a further requirement that all the water-closets and privy sinks and pipes and parts of the same, should be properly ventilated to prevent the escape of deleterious gas and odors. It was also added that all the drain- age and plumbing work, all the water-closets, sinks, and other receptacles in and for every tenement-house, should be of such form, construction, arrangement, location, materials, work- manship and des(;ription as might be required by the board of health. In 1895, in the new tenement-house law, it was pro- vided that every water-closet thereafter constructed in a tene- ment-house should have a window opening to the outer air and also that the floor of the water-closet compartment should be made water-proof, and that such water proofing should extend at least 6 inches above the floor so that the floor might be flushed out without leaking. This is practically the present law, having been re-enacted in the Greater New York Charter. There is a further provision added, however, in reference to the ventilation of water-closet compartments, to the efl^ect that, if provided with a ventilating flue or duct, the water-closet may have the window opening on a court or shaft containing 25 sq. feet in area. The Charter also requires that the water-proof base around the floor of the compartment shall be 16 inches high instead of 6 inches; this is undoubtedly due to an error in printing, as there is no reason for this requirement. There are 136 also a few supplementary rules of the department of buildings upon this subject. One, requires that where tenement-houses and lodging-houses are not over three stories in height, the water-closet compartment may have its window open on a venti- lating shaft as small as lo square feet in area; another, that the partition enclosing the water-closet rooms must extend to the ceiling. (1867) ^ Chapter 908, Section 5. " Every tenement and lodging-house in the cities of New York and Brooklyn, shall be provided with good and sufficient water-closets or privies, of a construction approved by the Metropolitan board of health, and shall have proper doors, traps, soil pans, and other suitable works and arrangements, so far as may be necessary to insure the efficient operation thereof. Every such house situated upon a lot on a street, in which there is a sewer, shall have the water-closets or privies fur- nished with a proper connection with the sewer, which connection shall be in all parts adequate for the purpose, so as to permit entirely and freely to pass whatever enters the same. Such connection with the sewer shall be of a form approved in New York by the Croton Aqueduct Board, and in Brooklyn by the Board of Water Commissioners. All such water-closets and vaults shall be provided with the proper traps and connected with the house sewer by a proper tight pipe, and shall be provided with sufficient water and other proper means of flushing the same; and every owner, lessee, and occupant shall take adequate measures to prevent improper substances from entering such water- closets or privies, or their connections, and to secure the prompt re- moval of any improper substances that may enter them, so that no accumulation shall take place, and so as to prevent any exhalations therefrom, offensive, dangerous, or prejudicial to life or health, and so as to prevent the same from being or becoming obstructed." (1882) — Chapter 410, Section 653. — Continued. (1887) — Chapter 84, Section 6. (Amends Section 653, Consol. Act). " Every tenement and lodging-house or building shall be provided with as many good and sufficient water-closets, improved privy sinks or other similar receptacles as the board of health shall require, but in no case shall there be less than one for every fifteen occupants in lodging-houses, and not less than one for every two families in dwelling-houses. The water-closets, sinks and receptacles shall have proper doors, soil pipes and traps, all of which shall be properly venti- lated to prevent the escape of deleterious gas and odors, soil pans, cisterns, pumps and other suitable works and fixtures necessary to in- sure the efficient operation, cleansing and flushing thereof. Every tenement and lodging-house situated upon a lot on a street or avenue 137 m which there is a sewer, shall have a separate and proper connection with the sewer; and the water-closets, sinks, and other receptacles shall be properly connected with the sewer by proper pipes made thoroughly air-tight. Such sewer connection and all the drainage and plumbing work, water-closets, sinks and other receptacles, in and for every tene- ment and lodging-house shall be of the form, construction, arrange- ments, location, materials, workmanship and description, to be approved, or such as may be required by the board of health of the health depart- ment of the city of New York. Every owner, lessee and occupant shall take adequate measures to prevent improper substances from entering such water-closets or sinks or their connections, and to secure the prompt removal of any improper substances that may enter them, so that no accumulation shall take place, and so as to prevent any ex- halations therefrom, offensive, dangerous and prejudicial to life or health, and so as to prevent the same from being or becoming ob- structed." (1888) — Chapter 422, Section 1. (Amends Section 653, Consol. Act). — Continued. (1888) — Brooklyn — Chapter 583, Section 27. (Brooklyn Consol. Act). Provisions of the Law of 1867, re-enacted. (1889) — Chapter 211, Section 1. (Amends Section 653, Consol. Act; — Continued. (1895) — Chapter 567, Section 8. (Amends Section 661, Consol. Act). " Each water-closet must have a window opening into the outer air; the floor of each water-closet must be made waterproof with asphalt, cement, tile, metal or some other waterproof material; and such water- proofing must extend at least six inches above the floor so that said floor can be washed or flushed out without leaking." *(1897) — Chapter 378, Greater New York Charter, Section 1308. Provisions of section i. Chapter 422, of the Laws of 1888, continued, with the following change only: Substitute for the words "board of health of the health department of the city of New York," the words " as may be required by the rules and regulations of the department of buildings of the city of New York." *(1897) — Chapter 378, Greater New York Charter, Section 1308. Remaining part of this section (sect. 6, chap. 84, Laws of 1887), as amended by section i, chapter 211, of the Laws of 1889 continued with * Indicates the existing law. 13S the following change: the words "department of buildings" substi- tuted for the words " board of health." * (1897) — Chapter 378, Greater New York Charter, Section 1318. Provisions of Section 8, Chapter 567, of the Laws of 189S continued, with the following changes: after the first sentence insert the following "and such water-closet inclosure if provided with a ventilating flue or duct, may have the window opening on any court or shaft containing at least 25 square feet in area." Also, the waterproof base above floor to be 16 inches instead of 6 inches; and also after the words " above the floor " insert the words " except at the door opening." *(1900) — Regulations of the Department of Buildings. " No privy vaults or cesspool will be maintained on the premises where a connection can be made with a public sewer." *(1900) — Regulations of the Department of Buildings. " The floor and a base 16 inches high of each water-closet apartment in every tenement and lodging-house must be made waterproof." *(1900) — Rules for plumbing and drainage adopted by the Depart- ment of Buildings, Sections 119 and 120. " In tenement-houses and lodging-houses the water-closet and urinal apartments must have a window opening to the outer air except that tenement or lodging-houses three stories or less in height may have such window opening on a ventilating shaft not less than 10 square feet in area. In all buildings the outside partition of such apartment must extend to the ceiling or be independently ceiled over and these par- titions must be air-tight; the outside partitions must include a window opening to outer air on the lot whereon the building is situated, or some other approved means of ventilation must be provided." CEETAIN NUISANCES PROHIBITED.— In 1887, it was found that many persons in tenement-houses, instead of making use of the proper sanitary conveniences were apt to create nui- sances in different parts of the building. It was accordingly provided for, in the law, that any person who should place filth, urine or foecal matter in any place in a tenement-house, other than that provided for the same, and any person who should keep filth, urine or foecal matter in his apartment or upon his premises, such length of time as to create a nuisance was guilty of a misdemeanor. This is the present law upon this subject. * Indicates the existing law. ]39 <1887) — Chapter 84, Section 6. " Every person who shall place filth, urine or foecal matter in any place in a tenement-house other than that provided for the same, and every person who shall keep filth, urine or foecal matter in his apart- ment or upon his premises such length of time as to create a nuisance shall be guilty of a misdemeanor." (1888) — Chapter 422, Section 1. — Continued. (1889) — Chapter 211, Section 1.— Continued. * (1897)— Chapter 378, Greater New York Charter, Section 1308.— Con- tinued. CESSPOOLS AND PRIVIES PROHIBITED.— Since the time of the first tenement-house law in 1867, the use of a cesspool in connection with a tenement-house has been rigorously pro- hibited, except, where from the nature of the case, when there was no sewer in the street to which connection could be made, it was unavoidable. Where cesspools were built, they were required to be constructed water-tight and arched or securely covered over, and no offensive smell or gases were to be al- lowed to escape from them. This provision of the law, twenty years later, was made also to apply to privy vaults as well as to cesspools, and it was further provided that no privy vault or cesspool should be allowed in connection with a tenement- house without a perinit from the bo^rd of health, and con- structed in such manner as the board of health might prescribe. A further clause was added to this act, requiring the board of health to see to it that no privy vault should remain connected with a tenement-house in the city later than January i, 1887. As this law was not enacted until May, 1887, January, 1888, \\as probably meant- This was the law upon this subject with- out change until the enactment of the Greater New York Charter, when the last clause stating that the board of health should see to it that no privy vault remained connected with a tenement-house in the city, was dropped. (1867) — Chapter 908, Section 5. "'No cesspool shall be allowed in or under or connected with any such house, except when it is unavoidable, and in such case it shall be * Indicates the existing law. HO . constructed in such situation and in such manner as the Metropolitan' board of health may direct. It shall in all cases be water-tight, and arched or securely covered over, and no offensive smell or gases shall be allowed to escape therefrom, or from any privy or privy vault.'' (1882) — Chapter 410, Section 653. — Continued. (1887) — Chapter 84, Section 6. (Amends Section 653, Consol. Act). " No privy, vault or cess-pool shall be allowed in or uffder or con- nected with any such house except when it is unavoidable, and a permit therefor shall have been granted by the board of health, and in such case it shall be constructed in such situation and in such manner as the board of health may direct. It shall in all cases be watertight, and_ arched or securely covered over^ and no offensive smell or gases shall be allowed to escape therefrom or from any closet, sink or privy. It shall be the duty of the board of health to enforce the provisions of this section in regard to privy vaults as soon as practicable, but said board shall permit no privy vault to remain connected with a tenement- house later than January i, 1887 (so in the original, 1888 meant), except in the cases especially named in this section.'' (1888) — Chapter 422, Section 1 — Continued. (1888) — Brooklyn — Chapter 583, Section 27. (Brooklyn Consol. Act). Provisions of the Law of 1867, re-enacted. (1889) — Chapter 211, Section 1.— Continued. *(1897) — Chapter 378, Greater New York Charter, Section 1308. — Con- tinued down to " It shall be the duty, etc.," which last clause is dropped. PLUMBING, RULES AND REGULATIONS FOR.— Before 1881 there were no laws in reference to this subject in New York. In that year an act was passed requiring that the drainage and plumbing of all buildings thereafter erected in New York and Brooklyn should be executed in accordance with plans pre- viously approved in writing by the board of health, and that suitable drawings and descriptions of the plumbing and drain- age of all new buildings should in every case be submitted to the health department and there kept on file. The board of health was also authorized to receive and place on file draw- ings and descriptions of the plumbing and drainage of build- * Indicates the existing law. 141 ings erected prior to the passage of the act, and any violation of this law was constituted a misdemeanor, and the board of health was given the power to restrain the progress of any plumbing work by injunction proceedings, where, in their opin- ion, such action was necessary. The same laAV also provided for a system of registration of all plumbers carrying on plumbing business, requiring every master or journeyman plumber carrying on his trade in the cities of New York and Brooklyn, to register his name and address at the health department, un- der such rules and regulations as might be prescribed by the board of health. And after March i, 1882, it was not lawful for any person to carry on the trade of plumbing in these cities, unless he had registered as provided; and a list of the registered plumbers of the city was required to be published once a year in the " City Record." The amendment to the tenement-house law of 1887 also required that the drainage and plumbing work of every tenement and lodging-house should be of a form, con- struction, arrangement, materials and workmanship as might be required by the board of health. In 1892, the powers of the board of health in reference to plumbing in new buildings were transferred to the department of buildings created under the act of that year. In the same year a special law was passed appointing an examining board of plumbers throughout the -dif- ferent cities of the state; this act required that every person desiring or intending to carry on the trade of a plumber in any city of the state, as employing or master plumber, should first submit to an examination before an examining board, as to his experience and qualifications in such trade or calling, and after the first day of March, 1893, it was not lawful for any person in any city of the State to carry on the business of plumbing unless he had first obtained a certificate of competency from the exam- ining board. The same law further provided that, on or before the first day of March in the year 1893, every employing or master plumber in any of the cities of the State, should register his name and address at the office of the local board of health, under such rules and regulations as the board might prescribe, and that, if such plumber should hold at the time a certificate of competency from the examining board of plumbers, then he should also receive from the local board of health a certificate of registration. The board of health was also given the power 142 to cancel or revoke any certificate of registration for a violation of any of the rules and regulations for plumbing and drainage of the city, provided that, first, the plumber violating such rules should have had a notice of not less than ten days stating the grounds of the complaint made against him, and such no- tice to be served upon him, and also provided that he should have a hearing before the board of health upon this subject. But the cancellation of such certificate was not to be deemed legal unless concurred in by a majority of the local board of examiners. This act also provided for the appointment of in- spectors of plumbing throughout the different cities of the State. In the following year, the law was amended, a fee of $5 being recjuired to be paid by each candidate for a certificate, upon his examination. This act was materially amended in 1896, when a totally new plumbing law was enacted dealing with ^'ery much the same sub- jects and making very slight changes in the previous re- quirements. This new law applied to the city of New York only. It provided, among other things, that every employing or master plumber should register his name and address once a year in the department of buildings, and that he should there- upon receive a certificate of registration from the department of buildings, if he had previously held a certificate of compe- tenc}^ from the examining board of plumbers; and the superin- tendent of buildings ^^•as authorized to cancel any certificate of registration for a violation of the plumbing rules and regulations of the city after a hearing had before him. It was also made unlawful for any person to expose the sign of " Plumber " or " Plumbing " unless he had complied with all the provisions of the law relating to registration and examination. The depart- ment of buildings was charged with the enforcement of the new act, and the superintendent of buildings was authorized to appoint inspectors of plumbing to secure its enforcement. The duties of these inspectors are described in detail in the act- A violation of the act was made a misdemeanor, and the de- partment of buildings was authorized to institute criminal pro- ceedings against any plumber violating it, and the superintend- ent of buildings was also authorized to adopt rules and regu- lations for the plumbing and drainage of all buildings in the city of New York; such rules and regulations to be published in 14:3 the " City Record " for eight successive weeks before they should become operative. (1881) — Chapter 450 — Plumbing — Registration of Plumbers. Under the provisions of this act every master or journeyman plumber carrying on his trade in the cities of New York and Brooklyn is re- quired to register his name and address at the health department, under such rules and regulations as might be prescribed by the board of health. After this date (March i, 1882) it was not lawful for any person to carry on the trade of plumbing in said cities unless registered as provided. It was further provided that a list of registered pliimbers- . of the city of New York should be published in the City Record at least once every year. (1882) — Chapter 410, Section 536.— Continued. (1896)— Chapter 803, Section 1. " Once in every year, every employing or master plumber carrying on his trade, business or calling, in the city of New York, shall register his name and address at the office of the department of buildings in said city under such rules and regulations as said department shall prescribe, and thereupon he shall be entitled to receive a certificate of such registration from said department, provided, however, that such employing or master plumber shall, at the time of applying for such registration, hold a certificate of competency from the examining board of plumbers of said city. The time for making such registration shall be during the month of March in each year. Where, however, a person obtains a certificate of competency at a time other than in the month of March in any year, he may register within thirty days after obtaining such certificate of competency, but he must also register in the month of March in each year as above provided. Such registration may be canceled by the superintendent of buildings for a violation of the rules and regulations for the plumbing and drainage of such city, duly adopted and in force pursuant to the provisions of this act, or whenever the person so registered ceases to be a master or employing plumber, after a hearing had before said superintendent, and upon a prior notice of not less than ten days, stating the grounds of complaint and served upon the person charged with the violation of the aforesaid rules and regulations. After the passage of this act it shall not be lawful for any person or copartnership to engage in, or carry on the trade, business or calling of employing or master plumber in the city of New York, un- less the name and address of such person and of each and every mem- ber of such copartnership shall have been registered as above provided: " In the city of New York it shall be unlawful for any person or persons to expose the sign of ' Plumber ' or ' Plumbing,' or a sign containing words of similar import and meaning, unless said person or persons shall have obtained a certificate of competency from the ex- 144 amining board of plumbers of said city, and shall have registered as herein provided. " The department of buildings is hereby charged with the enforce- ment of the provisions of this act, through the superintendent of build- ings, and in addition to such officers or employes as are now provided by law to be appointed by him, he shall appoint inspectors of plumbing. It shall not be lawful for any inspector of plumbing of said department to engage in conducting or carrying on business as a plumber while holding office therein. Any inspector of plumbing for any neglect of duty or omission to properly perform his duty, or violation of rules, or neglect or disobedience of orders, or incapacity, or absence without leave, may be punished by the superintendent of buildings, by forfeiting and withholding pay for a specified time, or by suspension from duty with or without pay; but this provision shall not be deemed to abridge the right of said superintendent to remove or dismiss any inspector of plumbing from the service of said department at any time in his dis- cretion. " The duties of inspectors of plumbing appointed under the pro- visions of this act, in addition to those which may be required by the superintendent of buildings, shall be to inspect the construction and alteration of all plumbing work performed in said city, and to report in writing the resvilts of such inspection to the said superintendent. The said inspectors shall also ascertain whether the employing or master plumber having charge of the construction, repairing or altera- tion of any plumbing work performed in the city of New York is registered as herein provided, and if such person is not so registered then such inspectors shall forthwith report to said department the name of such plumber. The department of buildings may present a petition to a justice of the supreme court or to a special term thereof for an order restraining the person so reported from acting as an employing or master plumber until he registers pursuant to the provisions of this act. Said petition shall state that the said person is engaged in plumbing work as an employing or master plumber without having so registered, and shall be verified by the inspector making the said report. Upon the presentation of the petition the justice or court shall grant an order requiring such plumber to appear before him or before the said term of the supreme court on a date therein specified, not less than two, nor more than six days after the granting thereof, to show cause why he should not be permanently enjoined until he has obtained a certificate of registration as herein required. A copy of such petition and order shall be served upon such person not less than twenty-four hours be- fore the return thereof. On the date specified in such order the justice or court before whom the same is returnable shall hear the proofs of the parties, and may, if he deems necessary, take testimony in relation to the allegations of the petition. If the justice or court is satisfied that such plumber is practicing without having registered as provided in this act, an order shall be granted enjoining him from acting as an em- ploying or master plumber until he has so registered. No undertaking shall be required as a condition to the granting or issuing of such 145 injunction order, or by reason thereof. If after tlie entry of such order in the county clerk's office of the city and county of New York, such person shall, in violation of such order, practice as an employing or master pjumber, he shall be deemed guilty of criminal contempt of court, and be punished as for a criminal contempt in the manner pro- vided by the code of civil procedure, but in no case shall the depart- ment of buildings be liable for costs in any such proceeding, but they may be allowed against the defendant or defendants in the discretion of the justice or court." (1892) — Chapter 602 — Plumbing — Examination of Plumbers. (An act appointing an examining board of plumbers in cities of the State of New York), Section 5. "Any person desiring or intending to conduct the trade, business or calling of a plumber or of plumbing, in any of the cities in this state as employing or master plumber shall be required to submit to an ex- amination before such board of examiners as to his experience and qualifications in such trade, business or calling; and after the first day of March, 1893, it shall not be lawful in any city of this state for any person to conduct such trade, business or calling unless he shall have first obtained a certificate of competency from such board." Section 6 provides that " On or before the first day of March, 1893, every employing or master plumber carrying on his trade, business or calling in any of the cities of this state, shall register his name and ad- dress at the office of the board of health, under such rules and regulations as the respective board of health of each of the cities shall prescribe, and thereupon he shall receive a certificate of such registration, provided, however, that such employing or master plumber shall, at the time of applying for registration hold a certificate of competency from an ex- amining board; but such registration may be canceled by such board of health for a violation of the rules and regulations for the plumbing and drainage of said city duly adopted and in force therein, after a hearing had before said board of health, and upon a prior notice of not less than ten days, stating the grounds of complaint and served upon the person charged with the violation of the aforesaid rules and regulations, but such revocation shall not be operative unless concurred in by a majority of the local board of examiners. And after the first day of March, 1893, it shall not be lawful for any person to engage in or carry on the trade, business or calling of an employing or master plumper in any of the cities of the state unless his name and address shall have been registered as above provided." (This act further provides for the ap- pointment of inspectors of plumbing, their compensation and method of procedure in case of violations of the law.) (1893) — Chapter 262. Amends provisions of law of 1892 in reference to charging a fee of five dollars for the examination of plumbers, and provides how such money shall be paid, and also authorizes the examining board to hire suitable quarters and to incur certain expenses, etc. 10 146 PLUMBING — EXILES AND REGULATIONS FOR. (1881) — Chapter 450, Section 3. "The drainage andplumbing of all buildings hereafter erected in New- York and Brooklyn shall be executed in accordance with plans previ- ously approved in writing by the board of health of the said health de- partments of said cities, suitable drawings and descriptions of the said plumbing and drainage shall in each case be submitted and placed on file in the health department. The said boards of health are also au- thorized to recei\e and place on file drawings and descriptions of the plumbing and drainage of buildings erected prior to the passage of this act." Any violation of the act was constituted a misdemeanor, and the commissioner of health was authorized to restrain by injunction pro- ceedings in violations. (1882) — Chapter 410, Section 501.— Continued. (1882) — Chapter 410, Section 537.— Continued. (1887) — Chapter 84, Section 6. "All the drainage, plumbing work, water-closets, Muks and other receptacles in and for every tenement and lodging-house shall be of a form, construction, arrangement, location, materials, workmanship and description to be approved, or such as may be required by the board of health of the health department of the city of New York,'' (1892) — Cliapter 275, Section 37. (Provisions of Section 501, Consol. Act, amended as follows) : " The superintendent of buildings and department of buildings " sub- stituted for "board of health" «-herever it occurs in this section; also last sentence of this section amended so as to read as follows: "Any person violating any provisions of this section shall be deemed guilty of a misdemeanor." (1896) — Chapter 803, Section 5. " Hereafter the plumbing and drainage of all buildings, both public and private, in the city of New York, shall be executed in accordance with the rules and regulations adopted by the superintendent of build- ings. Said rules and regulations and any change thereof shall be pub- lished in the " City Record " on eight successive Mondays before the same shall become operative. Suitable drawings and descriptions of the said plumbing and drainage shall in each case be submitted and placed on file in the department of buildings, and the same shall not be com- menced or proceeded with until the said drawings and descriptions shall have been so filed and approved by the superintendent of buildings. 147 Repairs or alterations of such plumbing or drainage may be made with- out the filing and approval of drawings and descriptions in the depart- ment of buildings, but such repairs or alterations shall not be construed to include cases where new vertical and horizontal lines of soil, waste, vent or leader pipes are proposed to be used. Notice of such repairs or alterations shall be given to the said department before the same are commenced in such cases as shall be prescribed by the rules and regula- tions of the said department, and the work shall be done in accordance with the said rules and regulations. " § 6. Whenever any inspector or any person reports a violation of any of said rules and regulations^ or a deviation from any said draw- ings and descriptions filed with and approved by the superintendent of buildings, said department shall first serve a notice of such violation upon the plumber doing the work. Such notice may be served per- sonally or by mail, and if by mail it may be addressed to such plumber at the address registered by him at the department of buildings, but the failure of an employing or master plumber to register pursuant to the provisions of this act will relieve the said department from the require- ment of giving such notice. Unless such violation is removed or in process of removal within three days after the date of the serving or mailing of such notice, exclusive of the day of serving or mailing, the said department may proceed as hereinafter provided. A master or employing plumber within the meaning of this act is any person who hires or employs a person or persons to do plumbing work. " § 7. Any person violating any of the provisions of sections one, two and five of this act shall be deemed guilty of a misdemeanor, and upon conviction sha,ll be fined for each oiifense in a sum not exceeding $250, or by imprisonment for a term not exceeding three months, or by both, and in addition shall forfeit any certificate of competency or registration which he may hold under the provisions thereof. " § 8. The attorney to the said department df buildings shall prosecute all actions for injunction authorized under the provisions of this act, and shall also take charge of the prosecution of all persons under section 7 thereof. " § 9. Nothing herein contained shall be so construed as to abrogate or impair any of the powers of the health department of the city of New York." GENERAL PROVISIONS. DEFINITION OF A TENEMENT-HOUSE.— The first tenement- house act defined a tenement-house as any building or portion of a building which was occupied as the home or residence of more than three families living independently of each other and doing their cooking upon the premises; or a building occu- pied by two families or more upon one floor, so living and cook- 148 ing and having a common right in the pubhc parts of the building, that is, the halls, stairways, yards, etc. This defini- tion remained unchanged until 1887 when it was modified so as to apply to buildings occupied by three families or more instead of four families or more. This has remained the definition of a tenement-house without change until the present time and is the present law. (1867) — Chapter 908, Section 17. "A tenement-house within the meaning of this act shall be taken to mean and include every house, building, or portion thereof which is rented, leased, let or hired out to be occupied, or is occupied as the home or residence of more than three families, living independently of another, and doing their cooking upon the premises, or by more than two families upon a floor, so living and cooking, but having a common right in the hall, stairways, yards, water-closets, or privies, or some of them," (1882) — Chapter 410, Section 666. — Contfnued. (1887) — Chapter 84, Section 13. This definition amended so as to apply to buildings containing three families or more instead of "more than three families." (1888) — Brooklyn — Chapter 583, Section 38. (Brooklyn Consol. Act). Provisions of Law of 1867, re-enacted. (1891) — Brooklyn — Chapter 270, Section 1. (Brooklyn Tenement- House Law). Definition of a tenement-house as given in section 38, chapter 583, of the Laws of 1888, amended so as to conform with the definition of a tenement-house contained in the New York Jaw, i. e,, section 13, chap- ter 84, of the Laws of 1887. *(1897) — Chapter 378, Greater New York Charter, Section 1305. "A tenement-house within the meaning of this title shall be taken to mean and include any house or building or portion thereof, which is rented, leased, let, or hired out to be occupied, or is occupied as the home or residence of three families or more living independently of each other, and doing their cooking upon the premises, or by more than two families upon any floor, so living and cooking, but having a common right in the halls, stairways, yards, water-closets or privies, or some of them," * Indicates the existing law. 149 *(1900) — Sanitary Code, Department of Health, Section 3. Continued with the following slight changes: for the word "any" (line 2), substitute the word " every; '' before the word '" home " (fourth line), insert the word "house;" instead of the word "any" before the word " floor " (sixth line), insert the word " a." DEFINITION OF A LODGING-HOUSE.— The first tenement- house act also defined a lodging-house as any building or poi*- tion of a building in which persons were lodged for a period less than a week. This definition is the present one and has been continued through all the different acts without change. (1867) — Chapter 908, Section 17. "A lodging-house shall be taken to mean and include any house or building or portion thereof, in which persons are harbored, or received, or lodged for hire, for a single night, or for less than a week at one time, or any part of which is let for any person to sleep in for any term less than a week." (1882) — Chapter 410, Section 666.— Continued. (1887) — Chapter 84, Section 13. — Continued. (1888) — Brooklyn — Chapter 583, Section 38. (Brooklyn Consol. Act). Provisions of Law of 1867, re-enacted. (1891) — Brooklyn — Chapter 270, Section 1. (Brooklyn Law). Prev- ious provision continued. *(1897) — Chapter 378, Greater New York Charter, Section 1305. — Con- tinued. *(1900) — Sanitary Code of the Department of Health, Section 3. — Continued. DEFINITION OF A CELLAE. — In the tenement-house act of 1867, a cellar was defined as every basement or lower story of any building one-half or more of the height of which was below the level of the adjoining street. This is the present law upon this subject, there having been no change in the definition since it was originally enacted. * Indicates the existing law. 150 (1867) — Chapter 908, Section 17. "A cellar shall lie taken to mean and include every basement or lower story of any building or house of which one-half or more of the height from the floor to the ceilling is below the level of the street adjoining." (1882) — Chapter 410, Section 666. — Continued. (1887) — Chapter 84, Section 13. — Continued. (1888) — Brooklyn — Chapter 583, Section 38. (Brooklyn Consol. Act). Provisions of Law of 1867, re-enacted. (1891) — Brooklyn — Chapter 270, Section 1. Previous provisions continued. *(1897) — Chapter 378, Greater New York Charter, Section 1305. — Continued. "(1900) — Sanitary Code of the Department of Health, Section 3. Continued with the following slight change. Between the words "basement" and "lower story" (line i) insert the word "and" in- stead of the word " or." STAIRS. — The first tenement-house act required that all stairs should be provided with proper banisters or proper rail- ings and that these should be kept in good repair. This pro- vision of the law has been re-enacted through all the different years and is the present law upon this subject. <1867) — Chapter 908, Section 4. "All stairs shall be provided with proper banisters or railings, and shall be kept in good repair," (1882) — Chapter 410, Section 652.— Continued. (1888) — Brooklyn — Chapter 583, Section 26. (Brooklyn Consol. Act). — Continued. *(1897) — Chapter 378, Greater New York Charter, Section 1306. "All stairs shall be provided with proper banisters and railings and shall be kept in good repair." * Indicates the existing law. 151 » WINDOW GUARDS.— In 1897, an amendment was made to the tenement-house laAvs, requiring that in all new tenement- houses every window above the ground iioor which did not lead directly to a fire-escape balcony, and where the window sills were not more than three feet above the floor, iron or steel guards, at least, 10 inches high should be placed outside of the windows. This law was passed because of the very many accidents which had occurred through children falling out of windows. It was the purpose of the framers of the law to have it apply to all tenement-houses, it being especially needed in the old buildings. The law was, however, so amended in its passage through the legislature as to apply only to new tenement-houses, thus practically destroying its efTect. As a consequence, the framers of the law secured its repeal in 1899. (1897) — Chapter 672, Section 661. (Consol. Act amended by adding to tlie said section the following) : " In all buildings hereafter to be constructed and coming under the classification of tenement-houses, and in all buildings hereafter con- verted into tenement-houses, all windows opening above the first or ground floor not leading directly to fire-escape balconies, and which have the window sills Jess than 36 inches over the floor of the rooms in which situated, shall be provided with iron or steel guards, or guards of such other hard metal and pattern as the superintendent of build- ings approves of, such guards to be at least 10 inches high, and the top railings of the same provided witli pike heads not over 6 inches apart, and be firmly secured to the mason work in all new buildings, and to the window frames in old buildings, if so approved by the superin- tendent of buildings." (1899) — Chapter 161, repealed. PRIVACY. — None of the different tenement-house laws has contained any provision as to the privacy of persons in such buildings. The regulations of the Building Department, how- •ever, provide that the rooms shall be so arranged that persons in order to get to any room need not pass through a bedroom. *(1900) — Regulations of the Department of Buildings. "Access to all rooms must be had without passing through a bed- room." * Indicates the existing law. 152 COMMISSIONS OF INQUIRY.— The first legislative commis- sion to investigate the tenement-house problem was appointed in 1856 by a resolution of the Assembly. This commission consisted of five members of the legislature. In 1884 an act was passed providing for a commission to inquire into the character and condition of tenement-houses in the City of New York; eleven men were named in the act as members of this commission who were to serve without compensation, although their expenses were to be paid and the sum of $5,000 was appropriated for such expenses. The Com- mission was required to report their recommendations and findings to the next legislature, on or before January 15th, and was empowered to subpoena witnesses and compel their attendance; and they were also given authority to require the production of any books, papers or documents they might need. In 1894 another commission of inquiry was appointed,, the governor being directed to appoint seven persons, who should be citizens of New York, to examine into the tenement- houses of the city, their condition as to construction, health- fulness, safety, rentals and the effect of tenement-house life upon the education, savings and morals of those who lived in such buildings, and all other phases of the tenement-house question that could affect the public welfare. The commission was authorized to employ a secretary and counsel and such assistants and experts as might be necessary, and the sum of $10,000 was appropriated for their expenses. The members of the committee were to sen-e without compensation, although the expenses incurred by them in the performance of their duties were to be paid. Power to subpoena witnesses with or without papers was given to them, such subpoenas to be served by any policeman of the city, and all witnesses were to be paid the regular fee paid to witnesses in courts of record. The committee was also required to make a full report to the next legislature of its work, with such recommendations as it might deem wise to enable the best and highest possible conditions for tenement-house life to be attained. The commission ceased to exist upon the making of this report. In 1900 a law was passed authorizing the Governor to ap- point another commission to investigate the tenement-house question. 153 This act was almost identical Avith the act of 1894, except that the number of persons serving on the commission was not specified, and that the law applied to cities' of the first class instead of solely to the City of New York. (18S4) — Chapter 488. " Alexander Shaler, Joseph W. Drexel, S. O. Vanderpoel, Felix Adler, Oswald Ottendorfer, Moreau Morris, Anthony Reichardt, Joseph J. O'Donohue, Abbott Hodgeman, Charles F. Wingate and William P. Esterbrook are hereby appointed a commission to investigate and in- tiuire into the condition of tenement-houses, lodging-houses and cellars in the city of New York. The thus constituted commission shall have power and are hereby authorized to subpoena witnesses and compel their attendance, and to require the production of any books, papers or documents in the possession or under the control of any person sub- poenaed to appear before them. And the chairman shall have power to administer oaths to the witnesses before said commission. A refusal to obey a subpoena of the commission is hereby made a misdemeanor. The commission shall have power to employ a stenographer. No mem- ber of the commission shall receive any compensation for his services. Any vacancy or vacancies occurring in such commission shall be filled by election by the balance of the commission. The commission shall report the evidence, together with their recommendation, to the legis- lature on or before January 15, 1885. The sum of $5,000 is hereby ap- propriated to pay the expenses of the commission hereby created." (1894) — Chapter 479. " Section i. The governor shall appoint seven person, citizens and resi- dents of New York, a committee to be known as the Tenement-House Committee. Said committee shall meet within ten days after the passage of this act for organization. It shall elect a chairman and appomt a secretary, it may employ such counsel, assistants and experts from time to time as it may deem necessary. The total expense of the committee shall not exceed the sums hereinafter appropriated. It may fix the number of commissioners necessary for a quorum, make rules for its government and the direction of its work, and fill all vacancies in the committee by death or otherwise. § 2. The duties of said committee shall be to make a careful examina- tion into the tenement-houses of the city of New York, their condition as to construction, healthfulness, safety, rentals and the effect of tene- ment-house life on the health, education, savings and morals of those who live in such habitations and all other phases of the so-called tene- ment-house question in the city that can affect the public welfare. § 3. The committee shall have power to subpoena vvitnesses before it with or without papers by a subpoena signed by the chairman, to ad- minister them oaths and to compel their attendance by attachment to ir.-i: be issued on the order of the committee and served by any policeman of said city; witnesses shall be paid the fee paid witnesses in courts of record. S 4. The members of the committee shall receive no compensation for their services, but the expenses and disbursements incurred bj^ them in the discharge of their duties as said commissioners shall be paid. The commission shall have power to fix the compensation of its counsel and other employes. § 5. Said committee shall make a full report to the next legislature at its opening of its work with such recommendations as it deems wise to enable the best and highest possible condition for tenement-house life in said city to be attained and the committee shall cease to exist when such report is made. § 6. The sum of ten thousand dollars is hereby appropriated out of any moneys in the treasury not otherwise appropriated for the purposes of carrying out the provisions of this act. The expenses, disbursements, payment of counsel fees and compensation of other employes of the committee shall be made on the approval of the chairman of the com- mittee and the audit of the comptroller." (1900) — Chapter 279. " Section i. The governor of the state of New York is herewith au- thorized and empowered to appoint a commission to be known as the tenement-house commission. Said commission shall elect a chairman and appoint a secretary; it may employ such counsel, assistants and experts from time to time as it may deem necessary. The total ex- pense of the committee shall not exfceed the sums hereinafter appro- priated. It may fix the number of commissioners necessary for a quorum, make rules for its government and direction of its work, and fill the vacancies in the commission caused by death or otherwise. § 2. The duties of said commission shall be to make a careful ex- amination into the tenement-houses in cities of the first class; their condition as to the construction, healthfulness, safety, rentals and the efifect of tenement-house life on the health, education, savings and morals of those who live in tenement-houses, and all other phases of the so- called tenement-house question in these cities that can affect the public Avelfare. § 3. The commission shall have power to subpoena witnesses before it, with or without papers, by a subpoena signed by the chairman, to administer them oaths and to compel their attendance by attachment to be issued on the order of the commission and served by any police- man of said cities; witnesses shall be paid the fee paid witnesses in courts of record. § 4. The members of the commission shall receive no compensation for their services, but the expenses and disbursements incurred by them in the discharge of their duties as said commissioners shall be paid. The commission shall have power to fix the compensation of its counsel and other employes. 155 § 5- Said commission shall make a full report of its work to the next legislature at its opening or as soon thereafter as practicable, with such recommendations as it deems wise to enable the best and highest pos- sible condition for tenement-house life in said cities to be attained, and the commission shall cease to exist when such report is made. § 6. The sum of ten thousand dollars is hereby appropriated out of any moneys in the treasury not otherwise appropriated for the purpose of carrying otit the provisions of this act. The expenses, disbursements, payment of counsel fees and compensation of other employes of the commission shall be made on the approval of the chairman of the com- mission and the audit of the comptroller.'' ADMINISTRATION OF THE LAW. THE BUILDING LAWS.— The enforcement of the building laws and ordinances was originally vested in the fire wardens of the city, a number of men appointed in each ward for the purpose of preventing fires and performing in certain respects functions analagous to those now performed by the building inspectors and the fire marshals. In 1844 the fire wardens were abolished and their duties and powers were transferred to the police department. In 1849 they were conferred on the assistant engineers of the fire de- partment, where the responsibility for enforcing the building laws remained until 1862, when these powers and duties were transferred to the newly-created " department for the survey and inspection of buildings." The duty of enforcing the build- ing laws remained in this department until 1880, at which time the Department was abolished and once more made a bureau of the Fire Department. The Fire Department re- tained these powers and duties until 1892, when the Bureau of the Fire Department was abolished and a new Department of Buildings was created. This is the Department at the present time vested with the responsibility and duty of enforcing the building laws. THE TENEMENT-HOUSE LAWS.— The first tenement-house act, which was the act of 1867, placed the responsibility for its enforcement upon the newly-created Metropolitan Board of Health, and the Board of Flealth since that time until 1892 156 has had ahnost entirely the sole responsibility for enforcing these laws. Such provisions of the general building laws, as affect the construction of buildings, especially with a view to the prevention of dangers from fire, have always been en- forced by the Building Department or its equivalent — the Bureau of Buildings of the Fire Department. The second Tenement-House Act, in 1879, amended the act of 1867 and still left the responsibility for its enforcement with the Board of Health. In 1892, however, when the Building Department was created, besides transferring the powers and duties of the Bureau of Buildings of the Fire Department to the newly-created Department of Buildings, the powers and duties of the Board of Health in relation to the plumbing and drainage, and the light and ventilation of nciv buildings were also transferred to the Building Department, simply leaving with the Board of Health jurisdiction over these subjects as they affected old buildings already constructed. The new tenement-house act of 1895 placed the responsibility for its enforcement, so far as it affected existing buildings, upon the Board of Health, and in relation to new tenement-houses upon the Department of Buildings, and this division of responsibility remains at the present time, having been continued in the Greater New York Charter. Certain laws in relation to tene- ment-houses, however, also place the responsibility for their enforcement upon the Fire Department — as for example, the provision that fire-escapes shall not be encumbered; here there is a divided responsibility for the enforcement of the statute, both the Police Department and the Fire Department being directed to enforce this provision. THE HEALTH LAWS.— From 1804 to 1850 the duty of en- forcing the health provisions in reference to all buildings in the City of New York was lodged with the " City Inspector " and the Health Wardens of the city. The Health Wardens were men appointed in each ward, charged with the duties of general sanitary inspection, and in the early years, the Board of Health, as it was then constituted, was also charged with the responsi- bility for cleaning the streets, and had several other powers, which it does not now possess. In 1850, an act was passed 157 transferring all the powers then vested in the local board of health to the Mayor and Common Council of the city. In 1866, as a result of the terrible disclosures of the sanitary con- dition of the city, made by the Council of Hygiene, the first health law of the city was enacted. This law took awav from the local authorities all jurisdiction over the health of the city and vested all powers and responsibilities of this nature in a newly-created state board, known as the Metropolitan Board of Health. This law is one of the most important laws that has ever been enacted in this state and is the basis of all future health and sanitary laws, not only in New York, but in most of the other American cities. Under the provisions of this act, the Governor was directed within 15 days after its passage to appoint, with the concurrence of the Senate, four persons, who should be residents of the metropolitan district, 3 of whom were to be physicians and one who was to be a resident of Brooklyn. These four, with the Health Officer of the Port of New York, were constituted, for the time being, the Sanitary Commissioners of the Metropolitan district, and with the commissioners of the Metropolitan Police, who should never exceed four in number, they constituted the ^Metropolitan Board of Health. The Sanitary Commissioners were to hold office for the following terms: One for one year; one for two years; one for three years and one for four years, and until their successors were appointed. After the expiration of these terms the term of office of future sanitary commissioners was to be four years, and they were to be appointed always by the Governor, with the concurrence of the Senate. Any vacancies in their number that might occur were to be filled in a similar manner. Each sanitary commissioner was to receive a salary of $2,500 a year, and each police commissioner was to receive, in addition to his regular salary, the sum of $500 a year for his service as a member of the Board of Health- In order to insure a full attendance at all of the meetings of the Board, it was pro- vided that for every regular meeting that any commissioner should fail to attend, the sum of $10 was to be deducted from his salary. The President of the Board was vested with all the powers previously given to the City Inspector in reference to the ■cleaning of the streets, and the Board was authorized to appoint a chief executive officer, who was to be an experienced and 158 skilful physician, to be known as the Sanitary Superintendent. The Board was also authorized to appoint two assistant super- intendents, one of whom should be a resident of the City of Brooklyn, and who was to perform his duties in that city; also, it was provided that not more than 15 sanitary inspectors might be appointed b}^ the Board, and the Board was author- ized to prescribe their duties and the salary of each. At least ten of these inspectors were required to be physicians of skill and of practical professional experience, and the rest were to be selected in reference to their practical knowledge of scien- tific or sanitary matters. Each inspector was required to make a written report of his work to the Board twice a week and was also required to call the attention of the Board to such facts as came within his personal knowledge that he deemed worthy of their special consideration. The Board was also authorized to employ clerks and other subordinates as well as retain at- torneys and rent and equip offices, etc. It is interesting to find that in this act the Board of Health was authorized to condemn buildings that were unfit for habi- tation if they were likely to prove injurious to the public health, whether they were so unfit from the drainage or venti- lation thereof, or from lack of repair, or any other cause; and the Board was given very large powers to order any building or part of a building to be cleaned or altered or improved as might be necessary. It was also distinctly specified that it should be the duty of every owner or part owner, and also of every lessee, tenant and occupant of any room or apartment or building to keep the same thoroughly clean- Any persons violating any of the provisions of this act or the provisions of any law or ordinance adopted by the Board of Health was liable to arrest, and such violation was constituted a mis- demeanor. In the presence of great and imminent peril to the pub'ic health, by reason of impending pestilence, the Board was granted very unusual and extraordinary powers; but such powers were not to be exercised except with the written assent of at least six members of the Board, and only after a public proclamation by the Governor as to the existence of such danger. The Board was also authorized to estabHsh a code of health ordinances for the protection of the public health in 159 the district. These ordinances were to be published for three weeks, at least, in the public press before they should take effect. The law also provided for the duties and rights of the employes of the Department, and other powers of the Board not espec- ially concerned with the regulation of tenement-houses. In 1870 the powers vested in the Metropolitan board of health by the act of 1866 were transferred to a local board of Health created by the new charter adopted in that year. This local board of health succeeded to all the powers and duties of the state board, and the enforcement of the health laws has been vested in this local body without change since that time. ADDITIONAL POWERS OF THE BOARD OF HEALTH AND DE- PARTMENT OF BUILDINGS TO MAKE REGULATIONS.— The tenement-house act of 1867, in addition to the specific powers which were given to the Board of Health, also vested that body with certain discretionary powers to make rules and regula- tions as to cellars and as to ventilation, when the board was satisfied that such regulations would secure equally well the health of the occupants, and provided that such regulations should not be inconsistent with the provisions of the existing laws- These powers were somewhat added to in 1892, when it was provided that, in addition to the power to make regula- tions as to cellars and ventilation, the board should also have power to make regulations as to the proportion of any lot to be covered by a tenement or lodging-house, as to light and venti- lation, the supply of water above the first story, and the use of such buildings for a stable or for the storage of rags. In 1895, in addition to these powers given to the board of health, the new tenement-house act also gave to the superintendent of buildings the power to make rules and regulations not in- consistent with the other provisions of the act, these regula- tions to govern the arrangement and distribution of the un- covered area, the size, lighting, location and arrangement of air shafts, rooms, cellars and halls; and the superintendent of buildings was also empowered to modify or change these regu- lations from time to time. These powers of both the board of health and the building department were continued in the Greater New York Charter, and exist at the present day, ex- 160 cepting that the department of buildings no longer has the power to modify or change the regulations. (,1867) — Clmpter 906, Section 18. " The Metropolitan Board of Health shall have authority to make other regulations as to cellars and as to ventilation, consistent with the foregoing, where it shall be satisfied that such regulations will secure equally well the health of the occupants." (1882) — Chapter 410, Section 667.— Continued. (1888) — Brooklyn — Chapter 583, Section 39. (Brooklyn Consol. Act). Provisions of Law of 1867, re-enacted. ^1892) — Chapter 329, Section 1. (Section 667, Consol. Act, amended as follows): " The Board of Health shall have authority zvithin present provisions of the law, to make other regulations than the foregoing in special cases as to the proportion of any lot to be covered by any tenement or lodging- house, as to cellars, supply of water above the first floor in any house, and the providing of fixtures therefor, light and ventilation, and the use of buildings or premises for a tenement-house for a school or stable, or for the storage of rags, when it shall be satisfied that such regulations will secure equally well the health of the occupants and the public health, provided however, that in all such cases any modifications made by such regulations shall be in accordance with the conditions of a permit in writing, issued by the said board of health." (1895) — Chapter 567, Section 8. (Amends Section 661, Consol. Act). " The superintendent of buildings is hereby empowered and directed to make rules and regulations not inconsistent with the requirements of this title, and which in addition to the requirements of this title shall be the conditions of approval for the plans and permits; these rules and regulations shall govern the arrangement and distribution of the uncov- ered area, size, lighting, location and arrangement of shafts, rooms, cel- lars and halls, and may be modified or changed from time to time by the superintendent of buildings." <1895) — Chapter 567, Section 12. (Amends Section 667, Consol. Act). " The superintendent of buildings shall have authority to make other regulations as to light and ventilation of all new tenement or lodging- houses consistent with the foregoing; when he shall be satisfied that such regulations will secure equally well the health and safety of the occu- pants; likewise the board of health shall have authority to make other regulations as to cellars and as to ventilation of completed buildings, 161 consistent with the foregoing, where it shall be satisfied that such regu- lations will secure equally well the heahh of the occupants." '■■(1897) — Chapter 378, Greater New York Charter, Section 1304. " Every house, building or portion thereof in the city of New York, used, occupied, leased or rented for a tenement or lodging-house must conform in its construction, appurtenances and premises to the require- ments of this title, and its use and occupation shall be regulated subject to the ordinances of the Sanitary Code, applicable thereto, and the orders of the board of health duly made, pursuant to its authority, duty and powers conferred and enjoined upon it in this chapter." * (1897) — Chapter 378, Greater New York Charter, Section 1323. Provisions of Section I2, Chapter 567 of the laws of 189S, continued with the exception that the words " superintendent of buildings " are changed to " department of buildings." SANITARY INSPECTORS.— The first health law in New York State, viz.: that enacted in 1866, authorized the newly-created board of health to appoint as many as fifteen sanitary inspectors and to prescribe their duties and regulate their salaries; ten ■of these inspectors were required to be physicians of skill and ■of practical professional experience in the cities embraced by the Metropohtan district, and the remaining- inspectors were to be selected with reference to their practical knowledge of scientific or sanitary matters; each inspector was required to make a written report twice a week to the board of health, ■stating what work he had done, and also calling the attention of the board to any matters which he thought might be of interest to them and to the public health. In 1887, this pro- vision of the health law was amended by increasing the number of sanitary inspectors from fifteen to twenty-five, and the num- ber of those who were required to be physicians of experience, from ten to twenty. In the same year another act was passed, at a later date, amending this law^ which provided that the number of sanitary inspectors should be increased from fifteen to a number not exceeding forty; and of these, twenty were to be physicians of skill and practical experience. In 1895, in the amended tenement-house law, it was provided that the number of sanitary inspectors should be at least thirty-five, and that the board of health should have the power to appoint at least five * Indicates the existing law. 11 162 additional inspectors if the board deemed it needful. In the Greater New York Charter, with the consolidation of the work of the health departments of Brooklyn and of New York and the other boroughs, it became necessary to increase the number of these sanitary inspectors; the charter accordingly increased this number from thirty-five to fifty and authorized the board of health to appoint twenty additional sanitary inspectors when- ever they deemed it needful; also the number of inspectors re- quired to be physicians of skill and practice was increased from twenty to thirty, and the sanitary inspectors were no longer required to make a written report twice a week, once a week being deemed sufficient. (1866) — Chapter 74, Section 11. " The Metropolitan board of health may appoint and commission such number of ' sanitary inspectors ' as the board may deem needful, not exceeding 15, and, from time to time, prescribe the duties and salaries of each of said inspectors, and the place of their performance (and of all other persons exercising any authority under said board except as herein especially provided); but at least 10 of such inspectors shall be physicians of skill and of practical professional experience in said district, and the residue thereof shall be selected with reference to their practical knowledge of scientific or sanitary matters, which may espe- cially qualify them for such inspectors. Each of such inspectors' shall, twice in each week, make a written report to the said board, stating what duties he has performed, and where he has performed them, and also such facts as have come to his knowledge connected with the -purposes of this act, as are by him deemed worthy the attention of said board." (1882) —Chapter 410, Section 588.— Continued. (1887) — Chapter 84, Section 4. (Amends Section 588, Consol. Act). Continued, but number of sanitary inspectors increased from 15 to 25; number of same to be physicians increased from 10 to 20. (1887) — Chapter 489, Section 1. Above provision amended as follows: Number of sanitary inspectors increased from 15 to " not exceeding 40," number of same to be physi- cians increased from 10 to 20, also the following additional clause inserted: " The additional sanitary inspectors heretofore duly appointed and commisioned may be included among the sanitary inspectors men- tioned in this section, and may continue to act as such without re-ap- pointment. All of the said inspectors shall have such practical knowl- edge of scientific or sanitary matters as qualify them for the duties of their office.'' 163 (1895) — Chapter 567, Section 3. (Amends Section 588, Consol. Act). " The board of health shall appoint and commission at least 35 sanitary inspectors, and shall have power to appoint five additional sanitary inspectors, if it deems that number needful, and from time to time prescribe the duties and salaries of each of said inspectors, and the place of their performance and of all other persons exercising any authority under said board, except as herein especially provided; but twenty of such inspectors shall be physicians of skill and of practical professional experience in said city; the additional sanitary inspectors heretofore duly appointed and commissioned may be included among the sanitary inspectors mentioned in this section, and may continue to act as such without re-appointment, but nothing herein contained shall curtail any of the powers vested in the health department by section 580 of this act, and the number of sanitary inspectors for whom provision is made in this section shall be exclusive of the special inspectors for whom pro- vision is made in section 580. All of the said inspectors shall have such practical knowledge of scientific or sanitary matters as qualify them for the duties of their office. Each of said inspectors shall, twice in each week, make a written report to said board stating what duties he has performed, and where he has performed them, and also such facts as have come to his knowledge connected with the purposes of this chapter, as are by him deemed worthy of the attention of said board, or such as its regulations may require of him; which reports with the other reports herein elsewhere mentioned shall be filed among the records of the said board. *(1897) — Chapter 378, Greater New York Charter, Chapter 19, Title 1, Section 1185. Provisions of the law of 1895 continued with the following changes; Number of sanitary inspectors increased from at least 35 to at least 50; number of additional inspectors authorized to be appointed increase'd from 5 to 20; number of inspectors to be physicians of skill and prac- tice increased from 20 to 30; also inspectors only required to make a report once a week instead of twice a week. SANITARY FOIICE. — In 1879, in the amendment to the tene- ment-house law, provision was made for the appointment of a corps of sanitary poHce for the purpose of enforcing the pro- visions of the different tenement-house acts, it being found that very often a uniformed ofificer was much more successful in such work than the ordinary sanitary inspector; accordingly, the new law provided that the board of police might, upon requisi- tion of the board of health detail to the service of the health department a squad of not more than thirty men who should k * Indicates the existing iaw. 1C4: all be men of at least five years' experience on the police- force; and the board of health was required to pay the salaries of such policemen, althovigh the discipline of these men was left entirely with the police commissioners; if any member of this company was not satisfactory the board of health was author- ized to request the detailing of another man in his place. This provision of the law was amended in the following j^ear, a new clause being added authorizing the pohce department to ap- point additional policemen to fill the vacancies caused in the force by the detailing of these men to the board of health. In 1887, the number of sanitary police detailed to the board of health was increased from thirty to forty-five, and it was espe- cially provided that at least fifteen of these men should be em- ployed exclusively in the enforcement of the laws relating to tenement and lodging-houses. In 1895 the number of sanitary police was increased to fifty, and the number of men to be em- ployed exclusi^•ely in inspecting tenement and lodging-houses was increased from fifteen to twenty. A clause was also added empowering the police department to appoint twenty- five additional men to fill the vacancies created in the police force by this detail. It was also provided that the sanitary policemen who should be detailed to the service of the board of health should be selected for their peculiar fitness from amongst those who should pass a civil service examination, conducted by the municipal ci\'il service board. With the consolidation of the different communities into Greater New York, in 1897, it became necessary to increase the number of sanitary police owing to the increased territory to be inspected. The Charter provided, therefore, that there should be at least fifty and not more than one hundred sanitary police detailed to the board of health by the police department, and that these men should be selected for their peculiar fitness, and that, at least thirty of them should be employed exclusi\'ely in the en- forcement of the laws relating to tenement and lodging-houses. All the other provisions of this law in reference to the payment and discipline of the men were re-enacted. These provisions of the Charter constitute the present law upon the subject. (1879) — Chapter 504, Section 5. " The board of police of the city of New York, upon requisition of the board of health of the city of New York, shall detail to the service of 165 t the said board of health, for the purpose of the enforcement of the pro- visions of this act, and of Chapter 908 of the laws of 1867, in said city, not exceeding thirty suitable officers and men of experience, of at least five years' service in the police force; provided that the board of health shall pay monthly to the board of police a sum equal to the pay of all officers and men so detailed. These officers and men shall belong to the sanitary company of police, and shall report to the president of the board of health. The board of health may report back to the board of police, for punishment, any member of said company guilty of any breach of orders or discipline or of neglecting his duty, and thereupon the board of police may detail another officer or man in his place; and the discipline of said members of the sanitary company shall be in the jurisdiction of the board of police; but at any time the board of health may object to the efficiency of any member of said company, and there- upon another officer or man may be detailed in his place." (1880) — Chapter 399, Section 2. (Section 5, Chaptsr 504, of tlie Laws of 1879, amended by adding to the end the following pro- vision). "The board of police shall have the power, and it shall be their duty to fill all vacancies in the police force of the city caused by the detail- ing of said officers and men upon the requisition of the board of health, and to make new appointments to said force equal in number to the officers and men now, or who may hereafter be detailed to the service oi the board of health under and by virtue of the provisions of this act." (1887) — Chapter 84, Section 1. (Amends Section 296, Consol. Act). " The board of police upon the requisition of the board of health, shall detail to the service of the said board of health, for the purpose of the enforcement of the provisions of the sanitary code, and of the acts relating to tenement and lodging-houses, not exceeding forty-five suitable officers and men of experience of at least five years' service in the police force, provided that the board of health shall pay monthly to the board of police a sum equal to the pay of all officers and men so detailed. At least fifteen of the officers and men so detailed shall be employed exclusively in the enforcement of the Jaws relating to tenement and lodging-houses. These officers and men shall belong to the sani- tary company of police and shall report to the president of the board of health. The board of health may report back to the board of police for punishment any member of said company guilty of any breach of orders or discipline, or of neglecting his duty, and thereupon the board of police may detail another officer or man in his place, and the discipline of said members of the sanitary company shall be in the jurisdiction of the board of police, but at any time the board of health may object to the efficiency of any member of said sanitary company, and thereupon another officer or man may be detailed in his place. The board of police shall have the power, and it shall be their duty to fill all vacancies 166 in the police force in the city caused by the detailing of said officers and men upon the requisition of the board of health. And the board of police are hereby authorized and empowered to appoint fifteen addi- tional men to the police force subject to all the rules and regulations relating to and governing the appointment of patrolmen in said city." (18S5) — Chapter 567, Section 1. (Amends Section 296, Consol. Act). Provisions of Chapter 504 of the laws of 1879 as amended by Chapter 399 of the laws of 1880, as amended by Chapter 84 of the laws of 1887, re-enacted with the following changes: The number of men to be at least fifty; with a further provision that at least twenty shall be employed exclusively on tenement and lodging-houses, and also, by adding at the end of the section the following new clause: "and the board of police are hereby authorized and empowered to appoint twenty-five additional men to the police force subject to all the law, rules and regu- lations relating to and governing the appointment of patrolmen in said city; and the officers thus detailed to the service of the said board of health shall be selected for their peculiar fitness from amongst those who shall pass a civil service examination conducted by the supervisory board of commissioners of the New York municipal civil service." *(1897)— Cliapter 378, Greater New Yorli Charter, Section 1324. " The board of health shall make requisition upon the police board for the detail of at least 50 and not more than 100 suitable officers and men of at least five years' service in the police force, who shall be selected for their peculiar fitness, for the enforcement of the provisions of the sanitary code and the acts relating to tenement and lodging- houses. These officers and men shall be detailed to such service by the police board, and the department of health shall pay to the police department monthly, the amount of the pay of the officers and men so detailed, who shall belong to the sanitary company of the police and shall report to the board of health. At least thirty of the officers and men so detailed shall be employed exclusively in the enforcement of the laws relating to tenement and lodging-houses. The board of health may report back to the police board for punishment, any member of said com- pany guilty of any breach of orders or discipline, or of neglecting his duty, and thereupon the police board shall detail another officer or man in his place, and the discipline of the said inembers of the sanitary company shall be in the jurisdiction of the police department; but at any time the board of health may object to the efficiency of any member of said sani- tary company and thereupon another officer or man shall be detailed in his place." ENTRY TO TENEMENT OR LODGING-HOUSES — RIGHTS OF PUBLIC OFFICIALS.— The first tenement-house act provides very specifically that all public ofiicials, sanitary inspectors and * Indicates the existing law. 167 others, charged with the duty of enforcing the health laws or the tenement-house laws, shall have the right of entry to all buildings in the performance of their duties, and the owner, lessee and occupant of every, tenement-house is especially charged to give such officials free access to their house and to every part of it. This has remained the law unchanged since it was originally enacted. (1867) — Chapter 908, Section 10. " The keeper of any lodging house, and the owner, agent of the owner, lessee, and occupant of any tenement-house, and every other person having the care or management thereof shall at all times, when required by any oflficer of the Metropolitan board of health or by any officer upon whom any duty or authority is conferred by this act, give him free access to such house and to every part thereof." <1882) — Chapter 410, Section 658.— Continued. <1887) — Chapter 84, Section 8. — Continued. (1888) — Brooklyn — Chapter 583, Section 32. (Brooklyn Consol. Act). Provisions of the Law of 1867, re-enacted. * (1897)— Chapter 378, Greater New York Charter, Section 1314. " The keeper of any lodging-house, and the owner, agent of the owner, lessees or occupant of any tenement-house, and every other person hav- ing the care and management thereof, shall, at all times, when required by any officer of the department of health, or by any officer upon whom any duty is conferred by this title, give him free access to such house, and to every part thereof." ( INSPECTION OF TENEMENT-HOUSES AT REGULAE INTER- VALS. — In 1887, in the amended tenement-house act, it was provided that the board of health should make a regular semi- annual inspection of every tenement and lodging-house in the city; and also, that whenever any order had been made by the board of health concerning a tenement or lodging-house, a re-inspection of the building should be made within six days after the board of health was informed that the order had been complied with. This is the present law upon the subject with * Indicates the existing law. 168 the exception that the Charter requires that such re-inspection shall be made within six clays after the order is served in- stead of waiting for notice that it has been complied with. (1887) — Chapter 84, Section 8. " It shall be the duty of the board of heahh to cause a careful inspection to be made of every tenement or lodging-house at least twice in each year. And whenever the board of health has made any order concern- ing a tenement or lodging-house, it shall cause a re-inspection to be made of the same within six days after it has been informed that the order has been obeyed." *(1897) — Chapter 378, Greater New York Charter, Section 1314. Continued with the following change: Last word "obeyed" changed to " served." POSTING OF OWNER'S NAME.— The first tenement-house law, required, among other things, that the name of the owner and also of the agent of every tenement-house should be posted in a conspicuous place in the public hall or on the entrance door of every tenement-house. This requirement was enacted so as to facilitate the work of the health department in the service of papers upon the responsible persons. It was also felt that the publicity thus given would have the effect of mak- ing owners of tenement-houses more careful in the manage- ment of them, and would prevent them from allowing the build- ings to get out of repair and from being kept in an improper condition. The law in 1887 was considerably changed and very much strengthened, the new law requiring that, instead of posting the owner's name on the door of the house, every owner of a tenement-house or lodging-house or any person hav- ing control of it^ should file in the department of health a state- ment containing his name and address, also a description of the property by street number, or in such other way as would readily identify it; also the number of apartments in each build- ing, the number of rooms in each apartment, the number of families occupying each apartment and the trades or occu- pations carried on in them; and it was further provided, in the same law, that all notices and orders of the board of health in reference to tenement or lodging-houses should be deemed * Indicates the existing law. 169 sufficiently served if a copy of the notice or order was posted in a conspicuous place in the house, and also if an additional copy was mailed to the owner of the building at the address given in his statement filed at the board of health. This law was amended in 1895 by a further requirement, requiring that in case of a transfer of any tenement or lodging-house, the name of the new owner should be filed with the board of health within thirty days, and imposing a penalty of from $10 to $50 for a failure to file such notice. These provisions of the laws of 1895 and of 1887 have been re-enacted in the Charter and are the present law upon the subject. (1867) — Chapter 908, Section 9. " Every tenement or lodging-house shall have legibly posted or painted on the wall or door in the entry, or some public accessible place, the name and address of the owner or owners, and of the agent or agents, or any one having charge of the renting and collecting of the rents for the same; and service of any papers required by this act or by any proceedings to enforce any of its provisions, or of the acts relating to the Metropolitan board of health, or the department for the survey and inspection of buildings shall be sufficient if made upon the person or persons so designated as owner or owners, agent or agents." (1883) — Chapter 410, Section 657. — Continued. (1887) — Chapter 84, Section 7. (Previous provision repealed, and the following new section enacted): " Every owner of a tenement or lodging-house, and every person having control of a tenement or lodging-house, shall file in the board of health a notice containing his name and address, and also a description of the property by street number, or otherwise as the case may be, in such manner as will enable the board of health easily to find the same; and also the number of apartments in each house, the number of room* in each apartment, the number of families occupying each apartment and the trades or occupations carried on therein. Every person claim- ing to have an interest in any tenement or lodging-house may file his name and address in the department of health. All notices and orders of the board of health required by law to be served in relation to a tenement or lodging-house shall be served by posting in some con- spicuous place in the house, a copy of the notice or order, five days before the time for doing the thing in relation to which said notice or order was issued. The posting of a copy of an order or notice, in accordance with this section, shall be sufficient service upon the owner of the property afifected. It shall be the duty of the board of health to- 170 cause a copy of every such notice or order to be mailed, on the same day that it is posted in the house, addressed to the name and address of each person who has filed with the department of health, the notice provided for in this section." (1888) — Brooklyn — Chapter 583, Section 31. (Brooklyn Consol. Act). Provisions of Law of 1867, re-enacted. (1895) — Chapter 567, Section 6. (Provisions of Chapter 84, Section 7, of the Laws of 1887, continued with the following new clause added. " In case of a transfer of any tenement-house, or lodging-house, it shall be the duty of the grantor and grantee of said tenement or lodging-house to file in the department of health a notice of sue! transfer stating the name of the new owner within thirty days after such transfer. In case of the devolution of said property by will, it shall be the duty of the executor and of the devisee, if more than twenty-one years of age, and in case of the devolution of such property by inherit- ance without a will, it shall be the duty of the heirs, or in case all of the heirs are under age, it shall be the duty of the guardians of such heirs, and in case said heirs have no guardians, it shall be the duty of the administrator of the deceased owner of said property to file in said department a notice stating the death of the deceased owner and the names of those who have succeeded to his interest in said property, within thirty days after the death of said decedent in case he died intestate, and within thirty days after the probate of his will, if he died testate. A failure to file such notice shall make said property and the owners thereof liable to a penalty of not less than $io nor more than $50. Said penalty may be collected in the manner prescribed in section 665 of this act." , *(1897) — Chapter 378, Greater New York Charter, Section 1313. — Continued. OWNER'S RESPONSIBILTY.— The main responsibility for compliance with the different provisions of the tenement-house acts has been in all cases placed upon the owner of the tene- ment-house primarily, and after him on the lessee of the whole house rather than upon the occupant of the individual apart- ment or set of rooms. The first tenement-house act contained a provision to this efifect^ and such provision has been con- tinued in all succeeding acts. It was also provided in this tene- ment-house law that if the date of the erection of a tenement- house should become a material fact in any proceeding on the * Indicates the existing law. 171 part of the health department to enforce the law, it should be the duty of the owner to prove the date of the erection of the building and not the duty of the board of health. (1867) — Chapter 908, Section 16. " In every proceeding for a violation of this act, and in every such action for a penahy. it shall be the duty of the owner of the house to prove the date of its erection or conversion to its existing use, if that fact shall become material, and the owner shall be prima facie, the per- son liable to pay such penalty, and after him the person who is the lessee of the whole house, in preference to the tenant or lessee of a part thereof. In any such action the owner, lessee and occupant or any two of them, may be made defendants, and judgment may be given against the one or more shown to be liabje, as if he or they were sole defendant or defendants." (1879) — Chapter 504, Section 6. " In every proceeding for a violation of this act, and in every such action for a penalty, the owner shall be prima facie, the person liable to pay such a penalty, and after him the person who is the lessee of the whole house, in preference to the tenant or lessee of a part thereof. In any such action the owner, lessee and occupant or any two of them may be made defendants, and judgment may be given against the one or more shown to be liable as if he or they were sole defendant or defendants." (1882) — Chapter 410, Section 665. Provisions of Law of 1867, con- tinued. (1888) — Brooklyn — Chapter 583, Section 37. Provisions of Laws of 1867, continued. (1895) — Chapter 567, Section 11. (Amends Section 665, Consol. Act). — Continued. *(1897) — Chapter 378, Greater New York Charter, Section 1322.— Continued. PUNISHMENT FOR VIOLATION OF THE TENEMENT-HOUSE XAW. — The act of 1867 made a violation of this provision a misdemeanor, punishable by a fine of not less than $10 or more than $100, or by imprisonment for not more than ten days * Indicates the existing law. 172 for each and every day the violation might continue, or by both the fine and imprisonment in the discretion of the court. Any person violating the law was also made liable to a further penalty of $io a day for each and every day that the offense should continue^ and the board of health was authorized to sue for and collect such penalties, which were to be paid over to the treasurer of the board. The act of 1879 amended this slightly, requiring that the penalties when recovered should be paid over to the city chamberlain and become part of the tenement-house fund: and the act of 1895 provided that the penalty should be paid to the comptroller instead of to the chamberlain. This is the present law upon this subject- (1867) —Chapter 908, Section 16. " Every owner or other person violating any provision of this act after the same shall take effect, shall be guilty of a misdemeanor punish- able by a fine of not less than ten dollars nor more than one hundred dollars, or by imprisonment for not more than ten dayS' for each and every day that such violation .shall continue, or by both such fine and imprisonment in the discretion of the court. He shall also be liable to pay a penalty of ten dollars for each and every day that such offense shall continue. Such penalty may be sued for and recovered by the Metropolitan board of hi alth and when recovered shall be paid over to the treasurer of said board." (1879) — Chapter 504, Section 6. " Every owner or other person violating any provisions of this act shall be liable to pay a penalty of ten dollars for each and every day that such offense shall continue. Such penalty may be sued for and recovered by the board of health, and when recovered shall be paid over to the city chamberlam, and become part of the tenement-house fund." (1882) — Chapter 410, Section 665.— Continued. (1888) — Brooklyn — Chapter 583, Section 37. " Every owner or other person violating any provisions of Sections 24 to 36 both inclusive (tenement-house law) of this title shall be guilty of a misdemeanor punishable by a fine of not less than ten dollars nor more than one hundred dollars, or by imprisonment for not more than ten days for each and every day that such violation shall continue, or by both such fine and imprisonment in the discretion of the court. He shall also be liabje to pay a penalty of ten dollars for each and every day that such offense shall continue. Such penalty may be sued for and recovered by the health commissioner and when recovered shall be paid over to the treasurer of the city of Brooklyn." 173 <1895) — Chapter 567, Section 11. (Amends Section 665, Consol. Act). " Every owner or other person violating any provision of this title shall be guilty of a misdemeanor, punishable by a ifine of not less than $I0 nor more than $ioo, or by imprisonment for not more than ten days for each and every day that such violation shall continue, or by both such fine and imprisonment, in the discretion of the court. He shall also be liable to pay a penalty of $io for each and every day that such olTense shall continue. Such penalty may be sued for and recovered by the board of health in any civil tribunal of said city, and when recovered shall be paid over to the city chamberlainl and become part of the tenement-honse fund, directed by section 194, subdivision 9 of this act, to be annually appropriated to the credit of the health department and to be expended by the board of health. * * * * No part^ of Chapter 27s of the laws of 1892, or of any other act shall be so construed as to abrogate or impair the power of the board of health to sue for and recover such a penalty whether the liabili'./ to pay said penalty shall arise from a violation of the laws, ordinances or sections of the sanitary code, in regard to light, ventilation, plumbing and drainage, so far as the same affects the sanitary condition of the premises; and except that the department of buildings of the city of New York shall have juris- diction and cognizance over all matters and things in this title contained which relate to the construction^ of buildings or structures or any part thereof, and as to light, ventilation, drainage and plumbing,* Any pen- altyS for a violation of the provisions of this title in respect to the matters aforesaid^ shall be sued for and recovered in the same manner as the violations of the building laws of the city of New York are now sued for and recovered by the department of buildings in the city of New York; and said penalty so collected shall be paid to the comptroller^ of the city of -New York to be applied as other penalties collected by said department are applied." *(1897) — Chapter 378, Greater New York Charter, Section 1322. Provisions of the law of 189s continued with the following slight changes: Beginning with the word "and" after the word "chamber- lain,"! omit all the matter from therfe down to the beginning of the words "No part; "2 also, after the word " construction "3 insert the words "or alteration;" also after the word "plumbing"* insert the words "of such buildings when in process of construction or alteration." After the word " penalty "» insert the words " herei^nabove men- tioned." After the word " aforesaid "^ insert the words " within the jurisdiction and cognizance of the department of buildings." For the word " comptroller,"'^ substitute the word " chamberlain." INJUNCTION TO EESTEAIN PERSONS VIOLATING PROVIS- IONS OF THE TENEMENT-HOUSE LAW.— In addition to the other remedies of civil and criminal actions given to the board * Indicates the existing law. 1Y4 of health by previous statutes, the board of health in 1887 was given the remedy of injunction in certain cases, i. e., where there was any violation of the terms and conditions of the plan for any tenement or lodging-house approved by the board of health, or of the conditions of the permit granted by the board for the light and ventilation of the buildings, or where there was any violation of the provisions of the tenement-house laws in reference to the percentage of the lot occupied, the amount of space left vacant at the rear of the building, the amount of space left vacant between front and rear tenement-houses and other similar provisions, any court of record or any judge or justice of a court of record was authorized to restrain, by an injunction order, the further progress of the building, but only after an action had been brought by the health depart- ment and only upon proof by affidavit of such violation, and that a service of the notice of the violation or non-compliance of the law had been made upon the owner or builder of the house, or other person superintending the building operations. These powers of the health department were, in 1892, trans- ferred to the department of buildings, all of their powers in relation to light and ventilation in new buildings being vested in the new building department. Since 1892 there has been no change in the law, and it is the present law upon this subject. (1887) — Chapter 84, Section 10. " In case of any violation of the provisions of this section, or of any failure to comply with, or of any violation of the terms and condi- tions of the plan for such tenement or lodging-house approved by the said board of health, or of the conditions of the permit granted by the board of health for such house, or for the air, light and ventilation of the same, any court of record or any judge or justice thereof, shall have power at any time after service of notice of violation, or of non-compli- ance of the owner, builder or other person superintending the building or converting of any said house, upon proof by affidavit of any violation or non-compliance as aforesaid, or that a plan for the light and ventila- tion of said house has not been approved by the board of health, to restrain by injunction order in an action by the health department of the further progress of any violation as aforesaid. No undertaking shall be required as a condition of granting an injunction, or by reason thereof." (1887) — Chapter 288, Section 1. — Continued. (1891) — Chapter 204, Section 1. — Continued. 175 (1892) — Chapter 238, Section 1.— Continued. (1895) — Brooklyn — Chapter 539, Section 1. (Amends Section 55,, Consol. Act). — Continued. (1895) — Chapter 567, Section 8. (Amends Section 661, Consol. Act).. — Continued. (1896) — Brooklyn — Chapter 355, Section 1. (Amends Section 55,, Brooklyn Consol. Act). — Continued. *(1897) — Chapter 378, Greater New York Charter, Section 1318. Continued with the following addition: After the word "by" and before the words "board of health" insert the words "department of buildings or by." BOARD OF APPEAI^ Since the creation of the department of buildings in 1862, there has ahvays been some body vested with the power of modifying or setting aside the law in special cases. The act of 1862 gave to the " department for the survey and inspection of buildings " full power in reference to the manner of construction, kind or quality of materials to be used in the erection of any building in the city, where the law did not specifically provide for it, and the department was also authorized to make all materials and methods of construction conform to the true intent, meaning and spirit of the building laws. In addition, the department was given discretionary power to modify or vary any of the provisions of the act in special cases, but, only zvhere it did not conflict zvith public safety or the public good, in order that substantial justice might be done and the spirit of the lazv conserved, but such modification could only be granted iipon an order being obtained from the supreme court after a sworn petition had been made to the court setting forth the reasons why the provisions of the law should be modified in each special case. This pro- vision of the law of 1862 was re-enacted in the building law of 1866 and again in 1871, but was in 1874 very materially changed. The new act took away from the supreme court the power to modify the law and vested this power in a newly- * Indicates the existing law. 1T6 created " board of examiners." This board of examiners was constituted in the foHowing" manner; its members consisted of the superintendent of buildings, a representative of the ex- amining committee of the New York Chapter of the American Institute of Architects, one of the ex-presidents of the New York Board of Underwriters and two members of the Me- chanics and Traders' Exchange, one of whoiri was required to be a master carpenter and one a master mason, and aU of these persons were to be selected by their respecti^-e organiza- tions, excepting-, of course, the superintendent of buildings. The law pro^•ided in no way for the removal of the members of this board but allowed the board to perpetuate itself from year to 3fear. The same law also required that no application to modify the law should be passed unless it received at least three ai^rmative votes of the board; also that no member of the board should pass upon any question in which he was pecu- niarily interested. The board was to meet upon the call of the superintendent of buildings, and each member, excepting the superintendent, was to receive ten dollars for each meeting that he attended, but in no case were they to receive com- pensation for more than two meetings in any month. In 1882 this law was slightly changed, the chief clerk of the bureau of buildings of the fire department acting as clerk of the board, instead of the superintendent of buildings. In 1885, however, the law was very much modified, the powers of the superin- tendent of buildings to vary or modify the provisions of the laws being very much restricted. This power was to be exer- cised only in case of alterations to old buildings, in the use of party walls belonging to different owners where the party-wahs could not be taken down; and generally, only where there were practical difUcidties in the way of carrying out the strict letter of the laiv. the purpose of the modifications being to see that the spirit of the law was observed and public safety secured and substantial justice done. It was further provided that no modification of the law should be permitted unless a record of it was kept by the superintendent of buildings and a certificate issued to the person applying for the modification, and such certificate was not to be issued until it had first been passed ■upon by the board of examiners appointed under the act of 177 1874; the composition of this board was in this year somewhat changed. The two members of the Mechanics and Traders' Exchange were no longer required to be carpenters and masons, and a member of the society of Architectural Iron Manufactur- ers, and a member of the Real Estate Owners & Builders' Association were added to the members of the board. In the new board, four affirmative votes were necessary to pass an application instead of three. In addition to the reasons above set forth for modifying the law, it was further provided that in cases where it was claimed by the owner of the building or his representative, that the provisions of the building law did not directly apply to the form of construction he desired to use, or that an equally good and more desirable form of construction could be employed than that required by the law, then, the owner was given the right to present a petition to the board of examiners, asking to be authorized to use such a form of construction, and the board was empowered to grant or re- ject his petition, and it was also added that their decision should be final. In 1892, this part of the law was again changed and the law materially weakened; the previous act had permitted modifications of the law only in cases of alterations to old buildings in the use of party-walls belonging to different own- ers, where the party-walls could not be taken down; this pro- vision was stricken from the new law. The chief of the fire department was added to the board, and five affirmative votes were considered necessary instead of four to the granting of any application, and the superintendent of buildings and the chief clerk of the building department were authorized to re- ceive compensation at the rate of ten dollars a clay in addition to their other salaries for each meeting that they might attend. The Greater New York charter re-enacted most of the pro- visions of the law of 1892 in reference to this subject, though in a slightly modified form; it gave to each commissioner of buildings the power to pass upon any question relating to the manner of construction or the kind of materials to be used in the erection of any building, and to require that such materials and manner of construction should conform to the true intent of the building laws, and in case the commissioner should reject or refuse to approve any special form of construction 12 178 then the owner of the building was authorized to appeal from his decision to the board of buildings (which was composed of the three commissioners); but no such appeal could be made except where the amount of money involved by the decision exceeded the sum of one thousand dollars. This provision of the law, however, applied only to the boroughs of Brooklyn, Queens and Richmond but not to the boroughs of jNlanhattan and The Bronx; in the latter boroughs any appeal from the decision of the commissioner is required to be taken to the board of examiners, created by the act of 1874, and added to by subsequent acts. The law sets forth in considerable detail the conditions under which such appeals may be taken and provides that the decision of the board of buildings in the boroughs of Brooklyn, Queens and Richmond and the decis- ion of the board of examiners in the boroughs of Manhattan and The Bronx shall be final, and that no other appeal may be made. Another section of the Charter also gives to each commissioner of buildings, with the approval of the other two commissioners, the power to vary or modify any rule or regulation of the board of buildings, and also the power to vary or modify any existing law or ordinance relating to the construction of buildings, where there are practical difficulties in the way of carrying out the strict letter of the law, so that the spirit of the law may be observed and public safety secured and substantial justice done, but no such variation of the stat- ute is to be allowed except by a vote of a majority of the board of buildings. The building code, a local ordinance adopted in 1899 by the Municipal Assembly (under authority vested in it by Section 647 of the Greater New York Charter), provides also that each commissioner of buildings shall have power, with the approval of the board of buildings, to vary, not only any existing law or ordinance, but also any of the provisions of Chapter 12 of the Greater New York Charter, in relation to the erection of buildings, pursuant to the provisions of Section 650 of the Charter above quoted. The act also provides that the board of examiners for the boroughs of Manhattan and The Bronx shall be continued as provided for in the Charter and in the previous acts- 179 ;i862) — Chapter 356, Section 36. "The department created under this act (the department for the survey and inspection of buildings) shall have full power in passing upon any question relative to the mode, manner of construction or materials to be used in the erection, alteration, or repair of any building in the city of New York, where the same is not specially provided for herein to make the same conform to the true intent, meaning and spirit of the several provisions thereof; and shall also have discretionary power upon application therefor to modify or vary any of the several provisions of this act to meet the requirements of special cases, where the same do not conflict with public safety and the public good, so that substantial justice may be done; but no such deviation shall be permitted except a record of the same shall be kept by said department, and a certificate be first issued to the party applying for the same,* such certificate shall be issued only upon an order first being obtained therefor upon a sworn petition setting forth the facts upon application to a special term of the supreme court in the city of New York, said supreme court hereby being authorized to grant such order in its discretion." (1866) — Chapter 873, Section 33.— Continued. (1871) — Chapter 625, Section 31. — Continued. (1874) — Chapter 547, Section 8. Provisions of previous laws amended as follows: The provision giv- ing to the department of buildings the power to modify the law re-en- acted, down to the words " applying for the same,"* the rest of this sec- tion is very materially changed, the supreme court no longer being the body to grant such changes in the law. The following section is all new matter: " Such certificates shall be issued only upon an application setting forth the facts sworn to by the applicant, and after said application shall have been passed upon favorably by a board of examiners consisting of the superintendent of buildings, a member of the examining committee of the New York Chapter of American Institute of Architects, one of the ex-presidents of the New York Board of Underwriters, and two members of the Mechanics & Traders' Exchange of said city, one of the latter of whom shall be a master carpenter and one a master mason; all of whom, except said superintendent shall be selected by their respective organizations, and so certified by the proper officers to the said super- intendent; no application shall be considered as passed by said board unjess the same receive three affirmative votes; no member of said board shall pass upon any question in which he is pecuniarjjy interested. The said board shall meet upon notice from the said superintendent who shall be chairman of the board, and shalj keep the record of its proceedings, 180 which shall be filed in the office of the said department. The members of said board, excepting the said superintendent, shall each be entitled to and shall receive $io for each attendance at a meeting of said board to be paid by the comptroller of the city of New York from the con- tingent fund of said department upon the voucher of said superintendent, but in no case shall they be entitled to receive compensation for more than two meetings in any one month." (1882) — Chapter 410, Section 504. Provisions of the law of 1874 continued with the following slight changes: Wherever the word "superintendent" occurs, substitute the word " inspector," and wherever the words " building department " occur substitute the words " bureau of buildings of the fire department; " also, instead of the superintendent of buildings being required to act as clerk of the board of examiners it is provided that the chief clerk of the bureau of buildings shall act as clerk of the said board and keep the record of its proceedings. (1885) — Chapter 456, Section 31. " The superintendent of buildings shall have full power (except as herein otherwise provided for) in passing upon any question relative to the mode, manner of construction, or materials to be used in the erection or alteration of any building or other structure provided for in this title, in any part of the city of New York, to make the same to conform to the true intent and meaning of the several provisions thereof. He shall also have power to vary or modify the provisions of this title, upon application therefor in writing, only in case of alteration of old build- ings, or the use of party walls belonging to different owners, where the same cannot be taken down, and where there are practical difficulties in the way of carrying out the strict letter of this law, so that the spirit of the law is observed, the ptiblic safety secured, and substantial justice done; but no such deviation shall be permitted except a record of the same shall be kept by the said superintendent of buildings, and a certifi- cate be first issued to the party applying for the same; such certificate shall not be issued until a board of examiners consisting of a member of the New York chapter of American Institute of Architects, one mem- ber of the New York Board of Underwriters, two members of the Mechanics and Traders' Exchange of said city, one member of the Society of Architectural Iron Manufacturers of said city, and one mem- ber of the Real Estate Owners and Builders' Association of said city, who shall be an architect or builder, all of whom shall be appointed by their respective organizations (and so certified to annually to said superintend- ent of buildings) shall also approve the proposed modifications of the law. The said examiners shall each take the usual oath of office before entering upon the performance of their duties. The superintendent shall be ex-officio a member of said board and be chairman thereof. No vote 181 of concurrence shall be passed by said board unless the same shall receive four affirmative votes. In cases in which it is claimed by an owner, in person or by his representative, that the provisions of this title dO' not directly apply, or tha-t an equally good and more desirable form- of construction can be employed in any specific case than that required by this title, then such person shall have the right to present a petition' to the board of examiners, and may appear before said board and be heard; and said board shall consider such petition in its regular order of business, and as soon as practicable render a decision thereon. The said board of examiners are hereby authorized and empowered to grant or reject such petition, and their decision shall be final. If such decision is favorable to said petitioner a certificate shall be issued by the super- intendent of buildings in accordance therewith. No member of said board shall pass upon any question in which he is pecuniarily inter- ested. The said board shall meet once in each week upon notice from the superintendent of buildings. The chief clerk in the office of the superintendent of buildings shall be clerk of said board, and shall keep a record of its proceedings, which shall be kept in the office of the superintendent of buildings. The members of said board, excepting the superintendent, shall each be entitled to and shajl receive ten dollars for each attendance of a meeting of said board, to be paid by the comptroller from the contingent fund upon the voucher of the superintendent of buildings, certified to by the board of fire commissioners." (1892) — Chapter 275, Section 40. Provisions of the law of i88s amended as follows: After the words " he shall also have power to vary or modify the provisions of this title upon application therefor in writing " the following clause in the law of 1885 has been omitted " only in case of alteration of old buildings, or the use of party walls belonging to different owners, where the same cannot be taken down"; also, the new law requires that such application shall be made by an owner of the building or structure or his representa- tive. The law of 1892 also provides that of the two members of the Mechanics and Traders' Exchange on the board of examiners one shall be a master mason and one a master carpenter, and also the chief of the fire department is added to the members of the board. Five affirmative votes in the new law are considered necessary to the granting of an application instead of four; also in the new law the superintendent of buildings is to receive compensation at the rate of ten dollars a day for each meeting that he may attend, as is also the chief clerk of the building department. The other provisions of the law are continued without other change. *(1897) Chapter 378, Greater New York Charter, Chapter 12, Sections 649-650. "Each commisioner shall have power and it shall be his duty, subject to the provisions of law and the ordinances of the municipal assembly * Indicates the existing law. 182 and the general rules and regulations established b}' the board, to pass upon any question relative to the mode, manner of construction or mate- rials to be used in the erection or alteration of any building or other structure erected or to be erected within the borough or boroughs under his jurisdiction which is included within the provisions of this chapter or of any existing law applicable to such borough or boroughs relating to the construction, alteration or removal of buildings or other structures, and to require that such mode, manner of construction, or materials shall conform to the true intent and meaning of the several provisions of this chapter and of the laws and ordinances aforesaid and the rules and regulations established by the board. Whenever a commis- sioner to whom such question has been submitted shall reject or refuse to approve the mode, manner of construction or materials proposed to be followed or used in the erection or alteration of any such building or structure, or when it is claimed that the rules and regulations of the board or the provisions of law or of said ordinances do not apply or that an equally good and more desirable form of construction can be employed in any specific case, the owner of such building or structure, or his duly authorized agent, may appeal from the decision of such commissioner to the board in any case where the amount involved by such decision shall exceed the sum of one thousand dollars; provided, however, that in the boroughs of Manhattan and the Bronx such appeal shall be taken to the board of examiners, established by chapter 456 of the laws of 1885 and the several acts amendatory thereof or supplemental thereto. The commissioner for the boroughs of Manhattan and the Bronx shall be ex-oflicio a member and the chairman of said board of examiners. The other members of said board of examiners shall be the persons mentioned and described in section 31 of said chapter 456 of the laws of 1885 and the several acts amendatory thereof or supple- mental thereto. The appeal authorized by this section may be taken within ten days from the entry of a decision upon the records of the commissioner by filing with the commissioner rendering such decision and with the secretary of the board established by this act or with the clerk of the board of examiners, as the case may be, a notice of appeal stating specifically the questions which the appellant desires to have passed upon by the board of buildings or by the board of examiners, as the case may be, and by filing with the secretary of the board of build- ings or the clerk of the board of examiners, as the case may be, copies of all papers required by Jaw or by the rules and regulations of the board of buildings to be submitted to the commissioner upon an application for a building permit, and the board of buildings or the board of ex- aminers, as the case may be, shall thereafter fix a day within a reason- able time for the hearing of such appeal, and upon such hearing the appellant may be represented either in person or by his agent or at- torney. The decision of the board of buildings or the board of ex- aminers, as the case may be, upon such appeal, shall be rendered without unnecessary delay and such decision shall be final." 183 Section 650. " Each commissioner shall have power with the approval of the board, to vary or modify any rule or regulation of the board or the provisions of this chapter or of any existing law or ordinance relating to the con- struction, alteration or removal of any building or structure erected or to be erected within his jurisdiction upon an application to him therefor in writing by the o-wner of such building or structure or his duly authorized agent, where there are practical difficulties in the way of carrying out the strict letter of the law, so that the spirit of the law shall be observed and public safety secured and substantial justice done; but no such variation or modification shall be granted or allowed ex- cept by a vote of a majority of the board. Where such application has been filed with a commissioner the owner of such building or structure or his duly authorized agent shall have the right to present a petition to such commissioner and the board, setting forth the grounds for the desired variation or modification, and may appear before said board and be heard. The board shall fix a date within a reasonable time for a hearing upon such application and shall as soon as practicable render a decision thereon, which decision shall be final. The particulars of each such application and of the decision of the board thereon shall be ■entered upon the records of the board, and if the application is granted a certificate therefor shall -be issued by the commissioner to whom the application is made and shall be countersigned by the secretary of the board." *(1899) — The Building Code — (An ordinance adopted December 20, 1899). Section 148. " Each commissioner of buildings shall have power, with the approval of the board, to vary or modify any rule or regulation of the board, or the provisions of chapter I2, of the Greater New York charter, or of any existing law or ordinance relating to the construction, alteration or removal of any building or structure erected or to be erected within his jurisdiction, pursuant to the provisions of section 650. of the Greater New York charter." * Section 149. " The board of examiners for the boroughs of Manhattan and The Bronx shall be constituted as prescribed by section 649 of the Greater New York charter. Each of said examiners shall take the usual oath of office before entering upon his duties. No members of said board shall pass upon any question in which he is pecuniarily interested. The said board shall meet as often as once in each week upon notice from the commissioner of buildings. " The members of said board of examiners, and the clerk of said board, shall each be entitled to and shall receive ten dollars for each * Indicates the existing law. 184 attendance at a meeting of said board, to be paid by the comptrojler from the annual appropriation to be made therefor upon the voucher of the commissioner of buildings for the boroughs of Manhattan and The Bronx." TENEMENT-HOUSE FUND.— In 1879, a special fund_, known as the tenement-honse fund, amounting to $10,000, wa.^ required to be appropriated annually for the use of the board of health in connection with tenement-house work. This provision of the law was re-enacted in the consolidation act and is a part of the Greater New York Charter, being the present law upon this subject. (1879) — Chapter 504, Section 4. " The board of estimate and apportionment of the city of New York shall, within twenty days after the passage of this act, transfer from any unexpended balances standing to the credit of any department of said city, or shall otherwise provide, and shall annually hereafter appropriate to the credit of the health department, the sum of $10,000, to be known as the ' tenement-house fund,' to be expended by the board of health." (1882) — Chapter 410, Section 194, Part 9. " The board of estimate and apportionment shall annually include in its final estimate the following sums, which shall be annually raised and appropriated. " The sum of $10,000 to the credit of the health department to be known as the tenement-house fund, to be expended by the hoard of health." *(1897) — Chapter 378, Greater New York Charter, Section 330, Part 9. — Continued. PERMANENT TENEMENT-HOUSE COMMISSION.— The tene- ment-house law of 1887 was enacted as a result of the investi- gations of the tenement-house commission, appointed by the legislature in 1884. This commission was very much im- pressed with the fact that a large part of the evils of the tene- ment-house system was due to the fact that there was no permanent body interested in securing tenement-house reform,. * Indicates the existing law. 185 and the commission felt that if there were such a permanent body matters would be very much remedied. They accord- ingly enacted a requirement that the mayor of the city of New York, with certain of his officials should constitute a tenement- house commission to consider the subject of tenement-house reform. These public officials consisted of the fohowing: The mayor, the commissioner of the department of public works, a delegate from the bureau of buildings of the fire de- partment, and the commissioner of street cleaning. This body was required to meet annually between the fifteenth day of November and the thirtieth day of December, for the pur- pose of considering the subject of tenement and lodging-houses in the city, and to make such recommendations for improve- ment of the laws affecting them, as they might deem to be for the public welfare; their recommendations were to be sent to the governor of the state and also to the senate and as- sembly on or before the fifteenth day of January in each year, and this body was, in addition, empowered to consider also the way in which such laws were being enforced in the city. This, provision of the law, however, was repealed in 1895, as it was found that the different city officials were so fully occupied with their regular duties, that it was impossible for them to give any time or thought to this very large and important question. (1887) — Chapter 84, Section 2. (Amends Section 533, Consol. Act). " The mayor and one commissioner from the department of heahh, a commissioner of the department of public works, one delegate from the bureau of inspection of buildings, and the commissioner of the de- partment of street cleaning, shall meet annually, between the isth day of November and the 30th day of December, for the purpose of con- sidering the subject of tenement and lodging-houses in the city, and shall make such recommendations of improvement in the laws affecting tenement and lodging-houses as they may deem for the good of the people of the city; they shall cause such recommendations to be sent to the governor of the state, and to the senate and assembly annually on or before the iSth day of January; they shall also consider the sub- ject of the execution of said laws, and shall recommend to the board of health such changes in the same as they may deem to be for the good, of the people of the city." (1895) — Chapter 567.— Repealed. 186 A LIST OF ALL LAWS ENACTED IN THE STATE OF NEW YORK IN REFERENCE TO TENEMENT HOUSES, AND ALSO ALL GENERAL BUILDING LAWS. 1849. Chapter 84. p. iiS. — An act for the more effectual prevention of fires in the city of New York, and to amend the acts heretofore passed for that purpose. Passed March 7, 1849. Took effect June i, 1849. (General Building Law.) 1849. Chapter 195, p. 296. — An act to amend an act " For the more effectual prevention of fires in the city of New York (chapter 84, Laws of 1849), and to amend the acts heretofore passed for that purpose." Passed April 4, 1849. 1851. Chapter 66, p. "/i. — An act to repeal an act entitled "An act to amena an act for the more effectual prevention of fires in the city of New York, and to amend the acts heretofore passed for that purpose " passed .\pril 4, 1849 (chapter 195, Laws of 1849). and to amend an act entitled "An act for the more effectual prevention of fires in the city of New York, and to amend the acts heretofore passed for that purpose " passed March 7, 1849 (chapter 84, Laws of 1849), Passed March 28, 1851. 1852.* Chapter 355, p. 552. — An act to establish fire limits, and for the more effectual prevention of fires in the city of Brooklyn. Passed April 16, 1852. Took effect May i, 1852. (General Building Law. The first Brooklyn law.) 1855. Chapter 6, p. 11. — An_ act respecting excavations in the cities of Nev York and Brooklyn. Passed January 24, 1855. (A new act.) 1856. Chapter 18, p. 21. — An act further to amend "An act for the more effectual prevention of fires in the city of New York " passed March 7, 1849 (chapter 84, Laws of 1849). Passed February 19, 1856. *Laws marked thus contain provisions in reference to tenement-houses. 187 I8S7.* Chapter 225, p. 485.— An act in reference to party walls in the city of New York. Passed April i, 1857. (A new act.) i860.* Chapter 470, p. 905.— An act to provide against unsafe dwellings in the city of New York. Passed April 17, i860. Took effect June i, i860. (A new act repeals all previous laws inconsistent. General Building Law.) i860.* Chapter 472, p. 937.— An act to establish fire limits and for the more eflfectual prevention of fires in the eastern district of the city of Brooklyn. Passed April 17, i860. (Repeals all previous Jaws inconsistent. Gen- eral Building Law.) 1862.* Chapter 356, p. 574. — An act to provide for the regulation and in- spection of buildings, the more effectual prevention of fires, and the better preservation of Iffe and property in the city of New York. Passed April 19, 1862. Took efifect May i, 1862. (Repeals chapter 470, Laws of i860, and all other previous acts inconsistent. A General Building Law.) " Tenement-house " occurs for the first time in this law. 1863. Chapter 273, p. 483. — An act to amend an act, entitled "An act to provide for the regulation and inspection of buildings, the more effectual prevention of fires, and the better preservation of life and property in the city of New York," passed April 19, 1862 (chapter 356, Laws of 1862). Passed April 29, 1863. 1864. Chapter 466, p. mo. — An act to amend an act entitled "An act to provide for the regulation and inspection of buildings, the more effectual prevention of fires and the better preservation of life and property in the city of New York," passed April 19, 1862 (chapter 356, Laws of 1862). Passed April 30, 1864. 1866.* Chapter 74, p. 114, Vol. i. — An act to create a Metropolitan sanitary district and board of health therein, for the preservation of life and health, and to prevent the spread of disease. Passed February 26, 1866. Took efifect March i, 1866. (First General Health Law for the cities of New York and Brooklyn). •Laws marked thus contain provisions in reference to tenement-houses. 188 i866.* Chapter 858, p. 1970, Vol. 2,— An act to establish fire limits, and for the more effectual prevention of fires in the city of Brooklyn. Passed April 30, 1866. Took effect l\Iay i, 1866. (General Building Law. Repeals all previous acts inconsistent). i866.*Chapter 873. p. 2009, Vol. 2.— An act to amend and reduce to one act, the several acts relating to buildings, and the keeping and storage of combustible materials in the city of New York. Passed May 4, 1866. Took effect June i, 1866. (Repeals all previous laws inconsistent. A General Building Law). 1867.* Chapter 908, p. 2265, Vol. 2. — An act for the regulation of tenement and lodging-houses in the cities of New York and Brooklyn. Passed May 14, 1867. Took effect May i, 1867. (The first tenement-house act). 1867.* Chapter 939, p. 2324. Vol. 2.— An act to amend "An act to amend and reduce to one act, the several acts relating ^o buildings, and the keeping and storage of combustible materials in the city of New York," passed May 4, 1866 (chapter 873, Laws of 1866). Passed May 17, 1867. (Amends General Building Law). 1868.* Chapter 634, p. 1352, Vol. 2. — An act to amend section 31, of chapter 873, of the laws of 1866, passed May 4, 1866, and section 10, chapter 939, passed May 17, 1867, relating to buildings and the keeping and storage of combustible material in the city of New York. Passed May 6, 1868. (Amends General Building Law). 1868.* Chapter 632, p. 1329, Vol. 2. — An act to amend an act, entitled "An act to establish fire limits and for the further prevention of fires in the city of Brooklyn," passed April 30, 1866. Passed May 6, 1868. Took effect May i, 1868. (General Building Law. Repeals all previous acts inconsistent). 1870. Chapter 383, p. 881, Vol. i. — An act to make further provision for the government of the city of New York. (Section 26 takes from the Metropolitan board of health all powers vested in said board by chapter 74, Laws of 1866, and confers them on a local board of health). Passed April 26, 1870. *Laws marked thus contain provisions in reference to tenement-houses. y 189 x67i^ Chapter 625, p. 1334, Vol. 2.— An act to amend and reduce to one act the several acts relating to buildings in the city of New York, passed May 4, 1866, May 17, 1867, and May 6, 1868. Passed April 20, 1871. (General Building Law. Repeals all previous acts inconsistent). 1873. Chapter 355, p. 505.— An act to reorganize the local government of the city of New York. Passed April 30, 1873. (Article XI provides for the organization and duties of the local health department). J874.* Chapter 547, p. 734.— An act to amend an act, entitled "An act to amend and reduce to one act, the several acts relating to buildings in the city of New York, passed May 4, 1866, May 17, 1867, and May 6, 1868," passed April 20, 1871. Passed May 22, 1874. (Amends General Building Law). 1879.* Chapter 504, p. S54-— An act to amend chapter 908, of the Laws of \/ 1867, entitled "An act for the regulation of tenement and lodging- houses in the cities of New York and Brooklyn.'' Passed June 16, 1879. (Amends Tenement-House Act). .1880.* Chapter 399, p. 575, Vol. I. — An act to further amend chapter 908, of the Laws of 1867, entitled "An act for the regulation of tenement and lodging-houses in the cities of New York and Brooklyn/' as amended by chapter 504, of the Laws of 1879 Passed May 26, 1880. (Amends Tenement-House Act). 1880. Chapter 521, p. 729, Vol. i. — An act to amend chapter 335 of the Laws of 1873, entitled "An act to reorganize the local government of the city of New York," and to reduce the burden of taxes to be levied in said city. Passed May 29, 1880. (Department of buildings abolished, and powers and duties transferred to the bureau of buildings of the fire department). 3i. Chapter 424, p. 584, Vol. i. — An act to limit the operation of chapter 625 of the Laws of 1871, entitled "An act to amend and reduce to one act, the several acts relating to buildings in the city of New York, *Laws marked thus contain provisions in reference to tenement-houses. 190 passed ]May 4, 1866, May 17, 1867, May 6, 1868," in the twelfth, twenty- third and twenty-fourth wards of the city of New York, north of One Hundred and Fortieth street. Passed May 28. 1881. (Amends General Building Law). 1881. Chapter 450, p. 614, Vol. i. — An act to secure the registration of plumbers and the supervision of plumbing and drainage, in the cities of New York and Brooklyn. Passed June 4, 1881. (First Plumbing Law). 1882.* Chapter 410, Consolidation Act, title 5, p. 125, sections 471-517. (A General Building Law. Repea.ls all previous acts inconsistent). Title 7, p. 181, sections 649-667, tenement-houses. (Repeals all previous acts inconsistent). 1884.* Chapter 448, p. 523. — An act to provide for a commission to inquire 1/ into the character and condition of tenement-houses in the city of New York. Passed June 2, 1884. 1885.* Chapter 454. p. 763. — An act to regulate the height of dwelling-houses in the city of New York. Passed June 9, 1885. (A new act). 1885.* Chapter 456, p. 764. — An act to amend chapter 410 of the Laws of 1882, entitled "An act to consolidate into one act and to ,declare the special and local laws affecting public interests in the city of New York," so far as the same relates to the bureau of buildings and the- \ erection of buildings in said city. Passed June 9, 1885. (General Building Law. Repeals all previous building laws incon- sistent). 1887.* Chapter 84, p. 94. — An act to amend chapter 410, of the Laws of 1882, entitled "An act to consolidate into one act and to declare the special and local laws affecting public interests in the city of New York," in relation to the powers and duties of the health fund and the board of health, and the health department of the city of New York, and for the preservation of the public health. Passed ^larch 25, 1887. (Amends Tenement-House Laws). *Laws marked thus contain provisions in reference to tentment-houses 1887.=' Chapter 288, p. 362.— An act to amend section 66r, of chapter 410, of the Laws of 1882, entitled "An act to consolidate "into one act and to declare the special and local laws affecting public interests in the city of New York," as amended by chapter 84, of the Laws of 1887. Passed May 6, 1887. (Amends Tenement-House Act). 1887.* Chapter 489, p. 619.— An act to amend chapter 410, of the Laws of 1882, entitled "An act to consolidate into one act and to declare the special and local laws afifecting public interests in the city of New York," in relation to the powers and duties of the board of health and the officers of the health department of the city of New York. Passed June i, 1887. '(Relates to appointment of sanitary inspectors). 1887.* Chapter 566, p. 738. — An act to amend chapter 410, of the Laws of 1882, entitled "An act to consolidate into one act and to declare the special and local laws affecting public interests in the city of New York," in so far as the same regulates the construction of buildings in said city. Passed June 15, 1887. Took effect twenty days later. (A General Building Act amending the General Building Laws). 1888.* Chapter 422, p. 696. — An act to amend chapter 410, of the Laws of 1882, entitled "An act to consolidate into one act and to declare the special and local laws affecting public interests in the city of New York/' the board of health, and of the health department of the city of New York, and for the preservation of the public health. Passed May 28, 1888. (Amends Tenement-House Laws in relation. to water-closets). 1888.* Chapter 583, p. 949, Brooklyn Consolidation Act. — An act to revise and combine in a single act all existing special and local laws affecting public interests in the city of Brooklyn. Title 14, p. 1023, sections 1-59. (General Building Law. Repeals all previous acts inconsistent. Also contains General Tenement-House Law, repealing all previous acts in- consistent). Passed June 9, 1888. Took effect June 2, 1888. 1889.* Chapter 211, p. 259.— An act to amend chapter 410, of the Laws of 1882, entitled "An act to consolidate into one act and to declare the special and local laws affecting public interests in the city of New York," as amended by chapter 422, of the Laws of 1888, in relation to the powers and duties of the health fund and the board of health, and *La\v8 marked thus contain provisions in reference to tenement-houses. 192 of the health department of the city of New York, and for the preserva- tion of the public health. Passed May 2, 1889. (Amends Tenement-House Laws in relation to water-closets). 1889.* Chapter 297, p. 371.— An act to amend chapter 410, of the Laws of 1882, entitled "An act to consolidate into one act and to declare the special and local Jaws affecting public interests in the city of New York," in so far as the same regulates the construction of buildings in said city. Passed ^lay 23, 1889. (Amends General Building Laws in reference to fireproof buildings). 1890.* Chapter 486, p. 883.— An act to amend section 663 of chapter 410, of the Laws of 1882, entitled "An act to consolidate into one act and to de- clare the special and local laws affecting public interests in the city of New York," as amended by chapter 84 of the Laws of 1887, in relation to the powers, duties and health fund of the board of health, and of the health department of the city of New York, and for the preservation of the public health. Passed June 4, 1890. (Amends Tenement-House Acts). 1891.* Chapter 39, p. 53. — An act to amend chapter 486, of the Laws of 1890, entitled "An act to amend section 663 of chapter 410, of the Laws of 1882, entitled 'An act to consolidate into one act and to declare the special and local laws affecting public interests in the city of New York,' as amended by chapter 84, of the Laws of 1887, in relation to the powers, duties and health fund of the board of health, and of the health department of the city of New York, and for the preservation of the public health." Passed March 2, 1891. (Repeals previous law and amends Tenement-House Act). 1891.* Chapter 204, p. 397. — An act to amend section 661, of chapter 410, of the Laws of 1882, entitled "An act to consolidate into one act and to declare the special and local laws aflfecting public interests in the city of New York," as amended by chapter 84 and chapter 288, of the Laws of 1887, in relation to tenement and lodging-houses and the erection thereof. Passed April 16, 1891. (Important Jaw. Amends Tenement-House Act). 1891.* Chapter 270, p. 498. — An act to amend chapter 583, of the Laws of 1888, entitled " An act to revise and combine in a single act all existing *Laws marked thus contain provisions in reference to tenement-houses. 193 special and local laws affecting public interests in the city of Brooklyn," in relation to the department of health. Passed April ■&, 1891. (Amends Tenement-House Act by defining a tenement-house). 1892.* Chapter 238, p. 490. — An act to amend section 661, of chapter 410, of the Laws of 1882, entitled "An act to consolidate into one act and to declare the special and local laws affecting public interests in the city of New York," as amended by chapter 84 and chapter 288, of the Laws of 1887, and as further amended by chapter 204, of the Laws of 1891, in relation to tenement and lodging-houses. Passed April 7, 1892. (Important. Amends Tenement-House Act;. 1892.* Chapter 275, p. 543. — An act to create a department of buildings in the city of New York and to amend chapter 410, of the Laws of 1882, entitled "An act to consolidate into one act and to declare the special and local laws affecting public interests in the city of New York,'' in so far as the same relates to the fire and building departments of said city, and by adding a new section thereto, creating a bureau to be known as " the Bureau of Fire Alarms, Telegraph and Electrical Appliances." Passed April 9, 1892. (A General Building Law, repeals all previous acts inconsistent, creates a new department of buildings and transfers powers previously vested in fire department to said new department, also transfers powers of board of health in reference to plumbing and drainage, and light and ventilation of new buildings to building department;. 1892.* Chapter 329, p. 685. — An act to amend section 667, of chapter 410, of the Laws of 1882, entitled "An act to consolidate into one act and to declare the special and local laws affecting public interests in the city of New York," relating to occupation of tenement-houses, etc. Passed April 19, 1892. (Amends Tenement-House Act). 1892. Chapter 602, p. 1 148.— An act to secure the registration of plumbers and the supervision of plumbing and drainage in the cities of the state of New York. Passed May 16, 1892. (A new general act appointing examining boards of plumbers, etc.). 1892.* Chapter 703, p. 1451.— An act to amend sections 454 and 465, of chapter 410, of the Laws of 1882, entitled "An act to consolidate into one act and to declare the special and local laws affecting public interests in the "-I *Laws marked thus contain provisions in reference to tenement-houses. 19i city of New York," and also to amend such chapters by inserting a new section, to be known as section 454J2, relating to the fire department of the said city. Passed May 19, 1892. Took effect June i, 1892. (Provides for a system of fire alarms in tenement-houses). 1893. Chapter 162, p. 277. — An act to amend chapter 602, of the Laws of 1892, entitled "An act to secure the registration of plumbers and the supervision of plumbing and drainage in the cities of the state of New York." Passed March 21, 1893. (Amends General State Plumbing Law). 1894.* Chapter 479, p. 963. — An act appointing a commission to examir^e into the tenement-house question in the city of New York, and to re- port to the next legislature. Passed May 4, 1894. 1894. Chapter 481, p. 1008. — An act to amend chapter 583, of the Laws of 1888, entitled "An act to revise and combine in a single act all existing special and local laws affecting public interests in the city of Brooklyn," in relation to the department of buildings. Passed May 4, 1894. Took effect June 3, 1894. (A General Building Law, repeals all previous acts inconsistent). 1895. Chapter 292, p. 380, Vol. 2, part i. — An act to amend sections i, 6, 7, 10, 13, 22, 23 and 61 of title 14, chapter 583, of Laws of 1888, entitled "An act to revise and combine in a single act, all existing special and local laws affecting public interests in the city of Brooklyn," as said title is amended by chapter 481, of the Laws of 1894, relating to the building department of the city of Brooklyn. Passed April 11, 1895. (Amends General Building Law). 1895.* Chapter 539, p. 955, Vol. 2, part i. — An act to amend sections 24, 46, 55, 56 and 57 of title 14, chapter 583, of Laws of 1888, entitled "An act to revise and combine in a single act all existing special and local laws affecting public interests in the city of Brooklyn," as said title is amended by chapter 481, of the Laws of 1894, relating to the building department of the city of Brooklyn. Passed May 3, 1895. (Amends Tenement-House Act). *Laws marked thus contain provisions in reference to tenement-houses. 195 1895.* Chapter 567, p. 1099, Vol. 2, part i. — An act to amend chapter 410, ot the Laws of 1882, entitled "An act to consolidate into one act and to declare the special and local Jaws affecting public interests in the city of New York,'' as subsequently amended by chapter 84, of the Laws of 1887, and chapter 288, of the Laws of 1887^ and chapter 275, of the Laws of 1892, and otherwise so as to provide for the improvement of tene- ment and lodging-houses in the city of New York. Took efifect May 9, 1895. (Important. Amends Tenement-House Act). 1896.* Chapter 355, p. 390, Vol. 2. — An act to amend chapter 583, of the Laws of 1888, entitled "An act to revise and combine in a single act all ex- isting special and local laws affecting the public interests in the city of Brooklyn,'' as amended by chapter 539, of the Laws of 1895, in re- lation to the department of buildings. Took effect April 21, 1896. (Amends Tenement-House Act). 1896. Chapter 610, p. 730, Vol. 2. — An act to amend chapter 410 of the Laws of 1882, entitled "An act to consolidate into one act and to declare the special and local laws affecting public interests in the city of New York," in relation to buildings in said city. Took effect May 13, 1896. (Amends building laws in reference to bay windows). 1896.- Chapter 643, p. 767, Vol. 2.— An act to amend chapter 583, of the Laws of 1888, entitled "An act to revise and combine in a single act all ex- isting special and local laws affecting public interests in the city of Brooklyn." Took effect May 13, 1896. (Amends General Building Law). 1896. Chapter 723, p. 880, Vol. 2.— An act to amend section 484, chapter 410, of the Laws of 1882, entitled "An act to consolidate into one act and to declare the special and local Jaws affecting the public interests in the city of New York." Passed July i, 1882. Took effect May 19, 1896. (Amends General Building Law in relation to fireproof dwellings). 1896. Chapter 803, p. 1052, Vol. 2.— An act in relation to plumbing in the city of New York. Took effect May 21, 1896. (A new act regulating plumbing). •Laws marked thus contain provisions in reference to tenement-liouses. 196 1897. Chapter 321, p. 293, VoJ. 2.— An act to regulate the height of fireproof dwelling-houses in the city of New York. (A new act). 1897.* Chapter 378, Greater New York charter. — An act to unite into one Municipality under the corporate name of the city of New York the various communities lying in and about New York harbor, including the city and county of New York, the city of Brooklyn, county of Kings, the county of Richmond, and a part of the county of Queens, and to provide for the government thereof. Took effect May 4, 1897. Title 7, p. 462, sections 1304-1325. (Important. Amends Tenement-House Act, and repeals all previous acts). 1897. Chapter 557, p. 835. — An act to amend section 484, of chapter 410, of the Laws of 1882, entitled "An act to consolidate into one act and to declare the special and local laws affecting the public interests in the city of New York," as amended by chapter 723 of the Laws of 1896. Took effect May 19, 1897. (Amends building laws in relation to fireproof buildings). 1897.* Chapter 672, p. 919, Vol. 2. — An act to amend chapter 410, of the Laws of 1882, entitled "An act to consolidate into one act and to de- clare the special and local laws affecting public interests in the city of New York," as amended by chapters 84 and 288, of the Laws of 1887, and by chapter 238, of the Laws of 1892, and by chapter 567, of the Laws of 189s, and otherwise, so as to provide for the improvement of tene- ment and lodging-houses. Took effect May 27, 1897. (Provides for window guards in tenement-houses). 1897. Chapter 724, p. 984, Vol. 2. — An act to amend chapter 410, of the Laws of 1882, entitled "An act to consolidate into one act and to declare the special and local laws affecting the public interests in the city of New York," relating to the erection of coverings over sidewalks, and in- closures around buildings for the protection of pedestrians. Took effect May 22, 1897. (Amends General Building Laws). 1899.* Chapter 161, p. 313. — An act to repeal chapter 672, of the Laws of 1897, relative to window guards. Took effect March 30, 1899. (Repeals window guard provisions). "Laws marked thus contain provisions in reference to tenement-houses. 197 iSgg. Chapter 646, p. 1429, Vol. 2. — An act to amend chapter 410, of the Laws of 1882, entitled "An act to consolidate into one act and to declare the spec al and local laws affecting the public interests in the city of New York." in relation to buildings in the county of New York. Took effect May 25, 1899. (Amends building Jaws in relation to bay windows). 1899. The Building Code. — An ordinance adopted by the city of New York. Took eflect December 20, 1899; authorized under the provisions of section 647 of the Greater New York charter. (A new General Building Law, repeals all previous state laws and local ordinances upon this subject). igco. Chapter 279, p. 620, Vol. I. — An act appointing a commission to ex- amine into the tenement-house question in cities of the first class, and to report to the next legislature a code of Tenement-House Laws. Took effect April 4, 1900. DATE DUE 'WiSt-^^ i l^-'i !. i- IWHTTTmrI «^ GAYLORD PRINTED IN U.S.A.